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Are waterways considered easements for landlocked properties?

Posted on 2/6/18 at 8:17 am
Posted by finchmeister08
Member since Mar 2011
35631 posts
Posted on 2/6/18 at 8:17 am
i found some potential hunting land in barbour county, al. there's no public road access to it except for a creek that runs to the lake at a 4 lane highway. would the creek be considered my easement if the surrounding land owners wouldn't grant me a passage through their property?
Posted by wickowick
Head of Island
Member since Dec 2006
45804 posts
Posted on 2/6/18 at 8:18 am to
Is the creek navigatible?
Posted by finchmeister08
Member since Mar 2011
35631 posts
Posted on 2/6/18 at 8:25 am to
meh, maybe. one tiny corner of the property just does touch it. and you can't really tell from google maps. there's too many trees in the way. when the damn is running, the creek dries up. i do know that.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81622 posts
Posted on 2/6/18 at 8:25 am to
Here
we...
Posted by tenfoe
Member since Jun 2011
6847 posts
Posted on 2/6/18 at 8:26 am to
Does Alabama have a database of state-claimed waterbodies? Start there.
Posted by LSUengr
Baton Rouge
Member since Sep 2005
2333 posts
Posted on 2/6/18 at 8:27 am to
Need to do some courthouse research. Landlocked piece will have an access easement/servitude across one of the properties adjacent to it. You may have to take them to court, but someone will have to grant you access. If buying, you will not be able to get a mortgage until you have a written recorded easement.
Posted by Itismemc
LA
Member since Nov 2008
4718 posts
Posted on 2/6/18 at 10:51 am to
Where is it at in Barbour county?
Posted by finchmeister08
Member since Mar 2011
35631 posts
Posted on 2/6/18 at 11:21 am to
just off of highway 431 north of the henry county line.

eta: trying to be somewhat vague so no one buys it from under me.
This post was edited on 2/6/18 at 11:22 am
Posted by Splackavellie
Bayou
Member since Oct 2017
9828 posts
Posted on 2/6/18 at 11:26 am to
quote:

Need to do some courthouse research. Landlocked piece will have an access easement/servitude across one of the properties adjacent to it. You may have to take them to court, but someone will have to grant you access. If buying, you will not be able to get a mortgage until you have a written recorded easement.


This is right. There will have to be access to the property in some manner. It will not be able to be sold unless access is in place.

Can the existing landowner not provide you with any information on this?
This post was edited on 2/6/18 at 11:27 am
Posted by Itismemc
LA
Member since Nov 2008
4718 posts
Posted on 2/6/18 at 11:51 am to
THere's been some spectacular Henry County bucks killed this year and Screamer ones as well. We've had a lot of Eufaula leases over the years.
Posted by finchmeister08
Member since Mar 2011
35631 posts
Posted on 2/6/18 at 11:58 am to
Sounds like you may be interested in it. Lol
Posted by Itismemc
LA
Member since Nov 2008
4718 posts
Posted on 2/6/18 at 12:04 pm to
Me and dad bought 300 acres. So my leasing days are over with.
Posted by finchmeister08
Member since Mar 2011
35631 posts
Posted on 2/6/18 at 12:54 pm to
well, just called the real estate agent, and she informed me that the seller inherited the land from their parents, and there are currently 9 heirs. it's been under contract 4 times, and they have all fell through because 1 out of the 9 refuses to sign.
Posted by wickowick
Head of Island
Member since Dec 2006
45804 posts
Posted on 2/6/18 at 1:04 pm to
shite that means it is huntable if any ask tell them one of the other owners gave you permission...
Posted by bootlegger
Ponchatoula
Member since Dec 2012
5335 posts
Posted on 2/6/18 at 1:06 pm to
Posted by Itismemc
LA
Member since Nov 2008
4718 posts
Posted on 2/6/18 at 1:18 pm to
Typical down here. They try to take the value of the land and multiply it by the # or heirs to get everyone to sign.
Posted by tenfoe
Member since Jun 2011
6847 posts
Posted on 2/6/18 at 1:22 pm to
quote:

if any ask tell them one of the other owners gave you permission...



Wickowick, a man of wisdom and class.
Posted by lsupride87
Member since Dec 2007
95130 posts
Posted on 2/6/18 at 1:23 pm to
quote:

Here
we...
Posted by Slickback
Deer Stand
Member since Mar 2008
27680 posts
Posted on 2/6/18 at 2:40 pm to
Find the one that won’t sign and offer him an envelope of cash.
Posted by rodnreel
South La.
Member since Apr 2011
1317 posts
Posted on 2/6/18 at 3:14 pm to
would the creek be considered my easement if the surrounding land owners wouldn't grant me a passage through their property?

Only a judge hearing the case can tell you that.

You can buy a 8/9th share of the property.
This post was edited on 2/6/18 at 3:16 pm
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