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re: “Landlocked” Land
Posted on 4/18/21 at 4:15 pm to baldona
Posted on 4/18/21 at 4:15 pm to baldona
quote:
baldona
The last time I heard of this working out. It was like what you described. Guy who needed right of way gave like a really thin but very long strip up against the land he needed to cross. In return, he got a short but legal road across the edge of the property. Coming to some agreement without both sides retaining lawyers seems to be the cleanest way to get it done.
0
Posted on 4/18/21 at 8:47 pm to LSUfan20005
I inherited 30 acres of land in Oklahoma. It's in the middle of a huge block of great hunting land in one of the best buck counties in the state. It's been an absolute royal pain in the arse trying to get access to it. Especially living 8 hrs away. Hopefully one day.
Posted on 4/18/21 at 9:52 pm to LSUfan20005
If this is in La, you are guaranteed access to your property. There will be a right of easement listed at the parish courthouse. I believe they have to give you 12’ wide road IIRC.
This is coming from someone who has 80 acres of landlocked property.
This is coming from someone who has 80 acres of landlocked property.
This post was edited on 4/19/21 at 8:34 am
Posted on 4/19/21 at 5:20 am to White Bear
“Financing might prove difficult without legal access.”
Very true. Banks are not financing property without access. They don’t want to own a property they can’t legally access should the owner lose it.
Very true. Banks are not financing property without access. They don’t want to own a property they can’t legally access should the owner lose it.
Posted on 4/19/21 at 6:03 am to LSUCouyon
quote:
Very true. Banks are not financing property without access. They don’t want to own a property they can’t legally access should the owner lose it.
I've seen that very recently. There was a piece of property on Zillow with no legal access. The asking price was very low because it was a cash-only sale, as there was no legal access established.
Posted on 4/19/21 at 6:38 am to LSUfan20005
Obtain the right of passage prior to purchase. A few years ago my family sold a parcel of property near Vinton, LA for grazing. The adjacent landowners were contentious former in-laws to the buyer which threatened the proposed sale. It did not tale very long for the buyer's attorney to define the situation and obtain ingress and egress for moving livestock to the main road.
Posted on 4/19/21 at 9:54 am to LSUfan20005
As an attorney that deals with land title every day, I will tell you that the answers given in this thread are a combination of overly simplistic, overly complicated, incomplete, incorrect, stunningly incorrect and almost totally correct.
The answer is "it depends". It depends on how the land became land locked, it depends on how/when prior access was used, it depends on what type of access you are wanting now, etc, etc.
The answer is "it depends". It depends on how the land became land locked, it depends on how/when prior access was used, it depends on what type of access you are wanting now, etc, etc.
Posted on 4/19/21 at 10:40 am to TigerDeacon
quote:
As an attorney that deals with land title every day, I will tell you that the answers given in this thread are a combination of overly simplistic, overly complicated, incomplete, incorrect, stunningly incorrect and almost totally correct.
quote:
It depends on how the land became land locked, it depends on how/when prior access was used, it depends on what type of access you are wanting now, etc, etc.
Posted on 4/19/21 at 11:36 am to LSUfan20005
quote:
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.
I recently purchased some land in Mississippi and while looking I saw many "landlocked" properties. Some had "deeded easements" and some didn't. That said I decided that any property I bought would have public road access and stuck to that with my agent. We found a piece I really enjoy now that has that public road access. It's only 90 feet of road frontage but its enough to never have to ask a neighbor for any favors to get anything on it. Keep looking. They're out there.
Posted on 4/19/21 at 11:58 am to TigerDeacon
quote:
As an attorney that deals with land title every day, I will tell you that the answers given in this thread are a combination of overly simplistic, overly complicated, incomplete, incorrect, stunningly incorrect and almost totally correct.
The answer is "it depends". It depends on how the land became land locked, it depends on how/when prior access was used, it depends on what type of access you are wanting now, etc, etc.
I hope I was at least almost totally correct
but as I stated, I think the right answer is always ask an attorney before buying, selling, leasing, encumbering, or alienating immovable property in ANY fashion.
Posted on 4/19/21 at 12:46 pm to LSUfan20005
It's generally a bad idea to buy it unless there is something voluntarily worked out beforehand with the neighbor. There is a legal remedy for gaining access but how good a neighbor do you think it will be after being forced by a court to give you access?
Posted on 4/19/21 at 1:03 pm to TigerDeacon
quote:
As an attorney that deals with land title every day, I will tell you that the answers given in this thread are a combination of overly simplistic, overly complicated, incomplete, incorrect, stunningly incorrect and almost totally correct.
I can tell you're in the business.
Posted on 4/19/21 at 2:12 pm to Meauxjeaux
Outside of criminal law, I think title and estate planning have the highest level of "google lawyers".
Someone could write a book on timber company roads in Louisiana (they may already have) and I think every scenario/question would be answered with "it depends . . . "
Someone could write a book on timber company roads in Louisiana (they may already have) and I think every scenario/question would be answered with "it depends . . . "
Posted on 4/19/21 at 2:33 pm to TigerDeacon
To this day, the most interesting case I have ever worked on involved "theft of land". The thief may have gotten away with it if he had known the cesium isotope found in one of the car axles marking the property did not exist until after the nuclear age.
Posted on 4/19/21 at 3:06 pm to AlxTgr
You have my attention.
I’m incredibly curious about stories on this topic. I would pay good money for land swapping stories about timber land along the MS river in ArkLaMiss!
quote:
Someone could write a book on timber company roads in Louisiana (they may already have) and I think every scenario/question would be answered with "it depends . . . "
I’m incredibly curious about stories on this topic. I would pay good money for land swapping stories about timber land along the MS river in ArkLaMiss!
This post was edited on 4/19/21 at 3:13 pm
Posted on 4/19/21 at 3:34 pm to turkish
there are many a law review article written about that.
Posted on 4/19/21 at 3:43 pm to AlxTgr
I would love to read more about that.
I'm working on two real estate transactions right now with access issues. Hopefully will have both resolved soon with no old car axles involved, but who knows
I'm working on two real estate transactions right now with access issues. Hopefully will have both resolved soon with no old car axles involved, but who knows
Posted on 4/19/21 at 4:06 pm to Huntinguy
The guy went out and removed the original marker and replaced them with his own, in the same shape as the original plat, but larger. So, the new shape encroached on our client's land by a decent amount. We sent off one of the axles that marked a corner to the LSU metallurgy dept. and they found cesium something or other that did not exist until after world war two. Problem is, the original plat was from the 1918, I think.
Posted on 4/19/21 at 4:36 pm to AlxTgr
I've gotten into some stuff but nothing like that. Would make sense, no nuclear isotopes in stuff made before 1945.
Posted on 4/19/21 at 10:07 pm to LSUfan20005
Would never buy property and "figure out easement down the road". Attorney is correct In MS, they have to grant you easement for normal agriculture practice, if said land is currently held for production. Doesn't mean they have to grant you easement for recreation, utility, etc. Any good attorney like ole boy above will eat your lunch.
Also, not mentioned yet, if land has not been bought the adjacent landowner(s) are using it as there own anyway. They would be stupid to purchase it if only they can access it.
In MS, they have to grant you easement for normal agriculture practice, if said land is currently held for production. Doesn't mean they have to grant you easement for recreation, utility, etc. Any good attorney like ole boy above will eat your lunch. Also, not mentioned yet, if land has not been bought the adjacent landowner(s) are using it as there own anyway. They would be stupid to purchase it if only they can access it.
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