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re: Would you sell a future neighbor a 15'x70' strip of the edge of your property?
Posted on 10/24/17 at 11:40 am to CoachChappy
Posted on 10/24/17 at 11:40 am to CoachChappy
quote:
Now, I am not a lawyer, but I think they have to give you a right of way/easement to access your property.
I think I remember going over something like this in real estate school. I need to break out the books
0
Posted on 10/24/17 at 11:40 am to CoachChappy
quote:
but I think they have to give you a right of way/easement to access your property.
This. they dont have to sell you the property, but they do have to give you right of way.
Posted on 10/24/17 at 11:41 am to TDsngumbo
(no message)
This post was edited on 10/1/20 at 12:06 am
Posted on 10/24/17 at 11:43 am to TDsngumbo
There are laws on the books about right of ways in landlocked properties, these are a few examples.
Louisiana C.C. art. 694 currently provides:
When in the case of partition, or a voluntary alienation of an estate or of a part thereof, property alienated or partitioned becomes enclosed, passage shall be furnished gratuitously by the owner of the land on which the passage was previously exercised, even if it is not the shortest route to the public road, and even if the act of alienation or partition does not mention a servitude of passage.
In 1976, former La. C.C. art. 701 of the 1870 Civil Code provided:
It is not always the owner of the land which affords the shortest passage who is obliged to suffer the right of passage; ?for if the estate, for which the right of passage is claimed, has become inclosed by means of sale, exchange or partition, the vendor, coparcener or other owner of the land reserved, and upon which the right of passage was before exercised, is bound to furnish the purchaser or owner of the land inclosed with a passage gratuitously, and even when it has not been sold or transferred with the rights of servitude.
Louisiana C.C. art. 695 provides:
The owner of the enclosed estate has no right to the relocation of this servitude after it is fixed. The owner of the servient estate has the right to demand relocation of the servitude to a more convenient place at his own expense, provided that it affords the same facility to the owner of the enclosed estate.
Louisiana C.C. art. 694 currently provides:
When in the case of partition, or a voluntary alienation of an estate or of a part thereof, property alienated or partitioned becomes enclosed, passage shall be furnished gratuitously by the owner of the land on which the passage was previously exercised, even if it is not the shortest route to the public road, and even if the act of alienation or partition does not mention a servitude of passage.
In 1976, former La. C.C. art. 701 of the 1870 Civil Code provided:
It is not always the owner of the land which affords the shortest passage who is obliged to suffer the right of passage; ?for if the estate, for which the right of passage is claimed, has become inclosed by means of sale, exchange or partition, the vendor, coparcener or other owner of the land reserved, and upon which the right of passage was before exercised, is bound to furnish the purchaser or owner of the land inclosed with a passage gratuitously, and even when it has not been sold or transferred with the rights of servitude.
Louisiana C.C. art. 695 provides:
The owner of the enclosed estate has no right to the relocation of this servitude after it is fixed. The owner of the servient estate has the right to demand relocation of the servitude to a more convenient place at his own expense, provided that it affords the same facility to the owner of the enclosed estate.
Posted on 10/24/17 at 11:44 am to TDsngumbo
Can you give us a MS Paint illustration?
Posted on 10/24/17 at 11:44 am to TDsngumbo
Usually, depending on the location, there are laws in place that would allow you access to the nearest public street (most direct route).
Asking my surveyor buddy on the Northshore though. He's licensed in MS and La so he should know. Will update if/when I get something back from him.
**Update** He said it may be easiest to get a lawyer involved.
Asking my surveyor buddy on the Northshore though. He's licensed in MS and La so he should know. Will update if/when I get something back from him.
**Update** He said it may be easiest to get a lawyer involved.
This post was edited on 10/24/17 at 12:23 pm
Posted on 10/24/17 at 11:45 am to TDsngumbo
For the right price, sure.
Posted on 10/24/17 at 11:47 am to TDsngumbo
They obviously dont want you and your trashy family building next to them
Posted on 10/24/17 at 11:47 am to TigerDeacon
quote:
Depends on how it got landlocked.
That's what I've read as well. If it's landlocked by voluntary means (which this would be considered voluntary, I'm sure), then we don't have the legal right to force the neighbors' hand.
Posted on 10/24/17 at 11:51 am to TDsngumbo
quote:
If it's landlocked by voluntary means (which this would be considered voluntary, I'm sure),
spill the damn beans if you want advice. what's the back story, current story etc.
Posted on 10/24/17 at 11:51 am to TDsngumbo
Call some company like Louisiana Land bank that's specific to buying/transferring property. Or call a lawyer that specializes in property or estate planning. Or call a title company and ask.
I would get educated before talking to the homeowners. Sounds like they're just saying no which is fine and normal, your problems aren't their problems until they're proven to be so.
I would get educated before talking to the homeowners. Sounds like they're just saying no which is fine and normal, your problems aren't their problems until they're proven to be so.
Posted on 10/24/17 at 11:53 am to TDsngumbo
Absolutely not I would not
Posted on 10/24/17 at 11:54 am to TDsngumbo
quote:
If it's landlocked by voluntary means
You haven't given us enough information to help. We have no clue how this property became land locked.
Posted on 10/24/17 at 11:54 am to CunningLinguist
any why would they sell even if you were granted an easement... in the event of the easement, wouldn't they have same rights to it as you (even if you paid for it)! haha If they sold it, then it'd be solely your property.
This post was edited on 10/24/17 at 11:54 am
Posted on 10/24/17 at 11:56 am to TSLG
It’s family land. A portion of it would be given to us but that portion would be landlocked.
Posted on 10/24/17 at 11:57 am to TDsngumbo
Build the driveway through your family's property
Posted on 10/24/17 at 11:57 am to TDsngumbo
So they want to reduce their property taxes
Posted on 10/24/17 at 11:57 am to TDsngumbo
There was a man in North Texas who was landlocked and had no legal right to an easement (which happens on occasion in Texas). He had money so he started using a helicopter to go to the property. About two weeks later, he had his easement.
Posted on 10/24/17 at 11:59 am to TDsngumbo
quote:
It’s family land. A portion of it would be given to us but that portion would be landlocked.
So, you clearly aren't the favorite.
This post was edited on 10/24/17 at 11:59 am
Posted on 10/24/17 at 12:00 pm to TDsngumbo
quote:
It’s family land. A portion of it would be given to us but that portion would be landlocked.
Definitely need to talk to a planning firm that specializes in land use, and maybe even a real estate attorney. Many communities will not let you subdivide an existing parcel in a manner that creates a landlocked lot.
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