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Started By
Message
“Landlocked” Land
Posted on 4/18/21 at 7:44 am
Posted on 4/18/21 at 7:44 am
I’ve been looking for hunting land, and occasionally a parcel will look interesting but I’ll find that it’s landlocked and without legal access.
How does anyone buy property like this? Buy, and figure out access down the road?
How does anyone buy property like this? Buy, and figure out access down the road?
19
Posted on 4/18/21 at 7:55 am to LSUfan20005
quote:
How does anyone buy property like this? Buy, and figure out access down the road?
Never unless you have a helicopter. You would want some sort of easement from a bordering landowner prior to purchasing.
Posted on 4/18/21 at 8:18 am to LSUfan20005
You can get access. In Mississippi at least you just petition your local chancellor for access. He will look at all the options and will grant you the one that he feels is the most efficient and economical.
Posted on 4/18/21 at 8:26 am to No Colors
Yep. There will always be some sort of access granted.
Posted on 4/18/21 at 8:32 am to LSUfan20005
Louisiana law has a provision for this.
Art. 689. Enclosed estate; right of passage.
The owner of an estate that has no access to a public road may claim a right of passage over neighboring property to the nearest public road. He is bound to indemnify his neighbor for the damage he may occasion.
But there are all sorts of headaches, and often lawsuits, associated with trying to enforce the right. A title lawyer wrote an article that mentions some of the problems. Unlocking Landlocked Land
Art. 689. Enclosed estate; right of passage.
The owner of an estate that has no access to a public road may claim a right of passage over neighboring property to the nearest public road. He is bound to indemnify his neighbor for the damage he may occasion.
But there are all sorts of headaches, and often lawsuits, associated with trying to enforce the right. A title lawyer wrote an article that mentions some of the problems. Unlocking Landlocked Land
Posted on 4/18/21 at 8:34 am to Twenty 49
I’ve never understood why landowners don’t get the access before selling, their value would go up tremendously.
Posted on 4/18/21 at 8:34 am to No Colors
quote:
You can get access. In Mississippi at least you just petition your local chancellor for access. He will look at all the options and will grant you the one that he feels is the most efficient and economical.
It's not as easy in Louisiana. From the little I've read, you have to either get the landowner of the proposed servitude to sign off on it, or prove that a "servitude" has been in use for at least 30 years and get a court to agree with you.
Posted on 4/18/21 at 8:50 am to LSUfan20005
as noted there are ways around this in La but you need to get an attorney to check it. Has the prior owner been sneakingly using the adjacent land to drive in through for decades? Did the previous owner/owners have an agreement with one for passage and now that landowner is trying to say no? because if its a proper right of passage it may be transferrable upon sale regardless of what the adjacent landowner says. All good things to ask a lawyer about.
Posted on 4/18/21 at 9:17 am to Cowboyfan89
quote:Might want to re-read the article posted above by Twenty 49. There are other avenues.
It's not as easy in Louisiana. From the little I've read, you have to either get the landowner of the proposed servitude to sign off on it, or prove that a "servitude" has been in use for at least 30 years and get a court to agree with you.
Posted on 4/18/21 at 9:22 am to LSUfan20005
Buying landlocked land is a real bad idea, unless you are one of the adjacent land owners.
Posted on 4/18/21 at 9:28 am to dawg23
quote:
Might want to re-read the article posted above by Twenty 49. There are other avenues.
I saw one other avenue mentioned: suing for access.
Posted on 4/18/21 at 9:42 am to LSUfan20005
Landowners that surround you must grove you access, or you can sue for deeded acces then you will own the road
Posted on 4/18/21 at 9:49 am to rsbd
Most of the large Lsnd companies charge quite a bit of money fir access. Check out RMS for instance. Ask about access.
Posted on 4/18/21 at 10:06 am to LSUCouyon
quote:Most everyone will charge, all the servient estate has to provide is land enough for an easement, nothing in the law says the servient estate has to give the dominate estate anything. Lawsuits like these are expensive and can last multiple yrs. and at the end of it all one judge makes the call.
Most of the large Lsnd companies charge quite a bit of money fir access. Check out RMS for instance. Ask about access.
From a servient estate perspective, allowing access for harvesting timber every 20 yrs or so is much different than allowing Joe Bob Coonass and his cousin access to ride to their deer stand every morning and evening of every day of deer season.
Financing might prove difficult without legal access.
This post was edited on 4/18/21 at 10:09 am
Posted on 4/18/21 at 10:25 am to Twenty 49
The wording is a touch different.
I think bound to compensate is the headache causing piece there.
Louisiana art 689
quote:
The owner of an estate that has no access to a public road or utility may claim a right of passage over neighboring property to the nearest public road or utility. He is bound to compensate his neighbor for the right of passage acquired and to indemnify his neighbor for the damage he may occasion.
I think bound to compensate is the headache causing piece there.
Louisiana art 689
This post was edited on 4/18/21 at 10:31 am
Posted on 4/18/21 at 11:41 am to LSUfan20005
Idk I have heard some major horror stories about this type of stuff.
From driveways getting blocked off in the mountains in Cali and having to build new driveways cut into hill sides.
To access being granted then retracted then suing causing bad blood to dogs being shot to lawsuit losses causing bankruptcy...
Person with more money to throw at a problem will always win imo.
Something I would just stay away from unless you get get something written down with easement and adjacent property owners. If nothing is written down then property is sold and new property owners may not allow access. Get the road straight then look at property after that is straight.
From driveways getting blocked off in the mountains in Cali and having to build new driveways cut into hill sides.
To access being granted then retracted then suing causing bad blood to dogs being shot to lawsuit losses causing bankruptcy...
Person with more money to throw at a problem will always win imo.
Something I would just stay away from unless you get get something written down with easement and adjacent property owners. If nothing is written down then property is sold and new property owners may not allow access. Get the road straight then look at property after that is straight.
This post was edited on 4/18/21 at 11:44 am
Posted on 4/18/21 at 11:56 am to bigbuckdj
quote:
Louisiana art 689
Yes, if the courts do insist of access being provided they will go the shortest route possible to a public road, so you may be thinking access to hwy x on the south end, but there may be a shorter route to the north to hwy y. The access to hwy Y is what the court will do. This is all hypothetical though, you gotta get to that point first.
If the landowner you are looking to purchase from was boxed in after they got their parcel of land, they can force an adjacent landowner to provide access I think, but that right isn't transferrable to a subsequent buyer (I think). this is all why if you are serious about buying something have an attorney run title and consider all of these issues.
Posted on 4/18/21 at 11:58 am to No Colors
quote:
In Mississippi
This is great information. My Dad has 40 acres near Pearl and none of us have been there since it was timbered 30+ years ago. Maps are conflicting whether there is a road or not, and although he has the deed, it is fuzzy on ingress/egress. My interest (and it’s value) would be much higher with confirmed access.
Posted on 4/18/21 at 12:29 pm to Cowboyfan89
I wouldn’t call it easy in MS either, even if the law guarantees access. It’s not a great idea to buy land and immediately start inconveniencing your neighbor that has a key to your gate.
Posted on 4/18/21 at 4:04 pm to turkish
The best way would be to work something out ahead of time to trade land, give them 10 acres for 2 acres that allows you access. Something like that. Adding a road that’s otherwise unnecessary takes up a lot more land than people think.
I don’t really understand how this every happens and why people that own these parcels don’t just go to their neighbors to offer to sell to them for a better rate or do as I said above and trade some land to obtain access.
I don’t really understand how this every happens and why people that own these parcels don’t just go to their neighbors to offer to sell to them for a better rate or do as I said above and trade some land to obtain access.
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