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Hobie101
Member since May 2012
67 posts

Buying rural property with easement
40 acres accessible only through the property I am looking at.
Seems like the adjacent property sits mostly untouched.

Any horror stories with a similar situation?



LSUengr
LSU Fan
Baton Rouge
Member since Sep 2005
1779 posts

re: Buying rural property with easement
Deeded easement, no. Undeeded easement by right or use, all kinds of horror stories.


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AUCE05
Auburn Fan
Member since Dec 2009
36884 posts

re: Buying rural property with easement
What state are you in? In some, the land owner does not have to allow you access. An attorney would be the best source.


Hobie101
Member since May 2012
67 posts

re: Buying rural property with easement
Mississippi


AUCE05
Auburn Fan
Member since Dec 2009
36884 posts

re: Buying rural property with easement
Don't know about MS. In AL, no one can make you give access. I think in LA they will.


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bbvdd
Alabama Fan
Memphis, TN
Member since Jun 2009
21085 posts

re: Buying rural property with easement
From what I understand, the owner of landlocked land can get an easement of necessity if they do not have access to their land.

That's just what I understand and I am not an attorney.

ETA: this if for MS which the OP said the land was located
This post was edited on 9/15 at 6:44 pm


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turkish
Member since Aug 2016
534 posts

re: Buying rural property with easement
Lots of people have easements across their land and don’t bat an eye. It’s important where the easement across your property is located. How will you use your property. Legally nothing is stopping them from making it their own highway — would that be a problem for you?


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TigerDeacon
Wake Forest Fan
West Monroe, LA
Member since Sep 2003
27507 posts

re: Buying rural property with easement
quote:

the owner of landlocked land can get an easement of necessity if they do not have access to their land.


In Louisiana . . . not necessarily. Depends on how it became landlocked.


Jack Daniel
LSU Fan
In the bottle
Member since Feb 2013
20491 posts

re: Buying rural property with easement
Deeded or verbal? Big difference


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bbvdd
Alabama Fan
Memphis, TN
Member since Jun 2009
21085 posts

re: Buying rural property with easement
He said the land is in MS and I’m going by that.

ETA: how’s things Deacon?
This post was edited on 9/15 at 6:46 pm


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cgrand
New Orleans Pelicans Fan
HAMMOND
Member since Oct 2009
28609 posts

re: Buying rural property with easement
my father bought a big chunk of land in the ozarks with a deeded easement thru it to another chunk that is leased to deer hunters. They have a camp back there. The only thing that makes it not a huge issue is that the road was already there and the lessees maintain it.

they do have to cross/ford his creek to access the road but most winters it’s not an issue. I say all that to say that as long as there’s a road it makes things easy. If there’s not a road and you have to build it...well


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AUCE05
Auburn Fan
Member since Dec 2009
36884 posts

re: Buying rural property with easement
I did some reading on reddit for you bro. Seems in most states, you can only pursue an easement on the property that made you landlocked. In cases were people tried to force an easement, and had some legal cause, they still said it wasn't worth it due to legal fees. Even when they won, the owners would argue in court and delay, causing more legal fees.


Hobie101
Member since May 2012
67 posts

re: Buying rural property with easement
Thanks for all the feedback.
I would ideally want to limit it to residential use only.
Need to talk with real estate attorney.


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