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Message
re: “Landlocked” Land
Posted on 4/19/21 at 11:02 pm to LSUfan20005
Posted on 4/19/21 at 11:02 pm to LSUfan20005
Lots of good replies. I could be wrong but I believe access via easement must be granted if a utility is added to the property. Adding a meter and running service to it may help.
2
Posted on 4/20/21 at 7:42 am to Sao
as noted at the bottom of page 2, if the adjacent owners have been using it as their own that means time might be ticking on them prescribing on it (good faith from prior owner/or bad faith) so if you have your heart set on it, get a lawyer fast.
Posted on 4/20/21 at 10:54 am to LSUfan20005
Disregard the folks saying state law guarantees access. The fact that is currently land locked should clue you in on hard how it is to get access.
Posted on 4/20/21 at 11:52 am to Sao
quote:
I could be wrong but I believe access via easement must be granted if a utility is added to the property. Adding a meter and running service to it may help.
Nope
Posted on 4/20/21 at 2:20 pm to LSUfan20005
Appreciate all of the replies, definitely staying away from these. I'm looking in OK, AR, MO and OK seems to have a penchant for these things.
I found several great properties without access, and the easement I'd need would be quite long, often at least 1/2 mile. I'm guessing some of these are old trusts that were rarely used...I bet they are havens of monster bucks though!
I found several great properties without access, and the easement I'd need would be quite long, often at least 1/2 mile. I'm guessing some of these are old trusts that were rarely used...I bet they are havens of monster bucks though!
Posted on 4/20/21 at 2:23 pm to LSUfan20005
You were asking about land outside of the state? Then ignore all advice on this thread.
Posted on 4/20/21 at 2:48 pm to TigerDeacon
quote:
Then ignore all advice on this thread.
Still helpful, as I was generally curious on how it's handled.
Posted on 4/20/21 at 3:18 pm to LSUfan20005
The real kicker in the law is they can be forced to give you access to the nearest road, not the easiest route. If that route is not bad then seriously consider buying the property but know it will cost you to get a lawyer and force the land owner to give you access.
As many have said you need to work something out before buying the property or filing a lawsuit.
As many have said you need to work something out before buying the property or filing a lawsuit.
Posted on 4/20/21 at 5:49 pm to offshoretrash
quote:
If that route is not bad then seriously consider buying the property but know it will cost you to get a lawyer and force the land owner to give you access.
It will also cost you any chance you had at having a good neighbor.
Posted on 4/21/21 at 7:49 am to LSUfan20005
quote:
Then ignore all advice on this thread.
Still helpful, as I was generally curious on how it's handled.
yeh def disregard. I mean it can point you in a general direction of the thought process but La property law is a bit of a clusterfrick and differs from common law a good bit in my opinion, if not only in terminology. Anecdotally speaking, Common law property and contracts seems to be where the big differences are with La law. someone can correct me on that.
Posted on 4/21/21 at 8:37 am to BorrisMart
quote:
yeh def disregard. I mean it can point you in a general direction of the thought process but La property law is a bit of a clusterfrick and differs from common law a good bit in my opinion, if not only in terminology. Anecdotally speaking, Common law property and contracts seems to be where the big differences are with La law. someone can correct me on that.
You are pretty dead on. I went to law school out of state but practice in Louisiana. Making that conversion was interesting. I do remember my professor who taught secured transactions being all excited I was from Louisiana. Evidently we were one of the last to adopt a lot of the UCC and therefore when we did adopt it we enacted the most advanced draft (at the time).
We would spend an hour in class on which county(s) to file a UCC and then would say "You don't have to worry about that in Louisiana! You just file it in one place."
Still had to know it for the exam tho.
Posted on 4/21/21 at 9:18 am to TigerDeacon
I know one change I would like to see-lessee rights to right of ways.
Posted on 4/21/21 at 9:46 am to LSUfan20005
Great grandad granted access 100 years to a guy so he could build and live on a tiny acre at the back corner of the property adjacent. G-grandad moved the fence 20' North.
To this day the road across the highway runs that same 20' but our property line begins on the north side of that road corner. So we lost 20' width x 10 acres length.
On internet maps overhead view the road shows _____|----- (| being the state hwy)
ETA: In my lifetime there is zero evidence the house was ever even there. Grandad said the guy was only there a few years before he either died or moved. The easement was never recorded anywhere either, just a handshake deal.
To this day the road across the highway runs that same 20' but our property line begins on the north side of that road corner. So we lost 20' width x 10 acres length.
On internet maps overhead view the road shows _____|----- (| being the state hwy)
ETA: In my lifetime there is zero evidence the house was ever even there. Grandad said the guy was only there a few years before he either died or moved. The easement was never recorded anywhere either, just a handshake deal.
This post was edited on 4/21/21 at 9:49 am
Posted on 4/21/21 at 6:04 pm to TigerDeacon
quote:
You are pretty dead on. I went to law school out of state but practice in Louisiana. Making that conversion was interesting. I do remember my professor who taught secured transactions being all excited I was from Louisiana. Evidently we were one of the last to adopt a lot of the UCC and therefore when we did adopt it we enacted the most advanced draft (at the time).
We would spend an hour in class on which county(s) to file a UCC and then would say "You don't have to worry about that in Louisiana! You just file it in one place."
Still had to know it for the exam tho.
Yep last to adopt UCC 9, and I feel like it was around 1991, or in the 90s somewhere, I should know this I literally just had to read something about it
. Classic La late to the game (as there was a directed study on the proposed change decades earlier that never panned out) but I wasn't aware the current adoption was the most advanced, so kudos to La for that. Posted on 4/22/21 at 9:07 am to BorrisMart
quote:
I wasn't aware the current adoption was the most advanced, so kudos to La for that.
Well, "latest and greatest" at the time . . . . who knows now.
Posted on 4/22/21 at 9:13 am to Sidicous
quote:
Great grandad granted access 100 years to a guy so he could build and live on a tiny acre at the back corner of the property adjacent. G-grandad moved the fence 20' North.
To this day the road across the highway runs that same 20' but our property line begins on the north side of that road corner. So we lost 20' width x 10 acres length.
On internet maps overhead view the road shows _____|----- (| being the state hwy)
ETA: In my lifetime there is zero evidence the house was ever even there. Grandad said the guy was only there a few years before he either died or moved. The easement was never recorded anywhere either, just a handshake deal.
I have tried to read this a couple of times and I am not following it at all. However, a verbal grant of access shouldn't cost you any land. Also, don't trust internet maps (even those on assessor's sites). They are always off about the distance you are describing.
Posted on 4/22/21 at 9:28 am to TigerDeacon
What about prescription for non use IF an easement could be argued. I’d move my fence to include this “easement” if a fence exists.
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