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Landlocked Property

Posted on 12/5/21 at 8:18 pm
Posted by Fulwar
Member since Jun 2012
318 posts
Posted on 12/5/21 at 8:18 pm
Anyone had success getting a right of way or easement from less than friendly surrounding landowners?

Any horror stories of not being able to access the property for years/ever or spend thousands in legal fees to do so?

Land would be in MS. TIA
Posted by ImaObserver
Member since Aug 2019
2273 posts
Posted on 12/5/21 at 8:31 pm to
Might be a little help on THIS thread.

In most states property cannot be sold without giving access through the property from which it is being separated. This can cause problems with those being divided by a flowing river etc. as the seller is not expected to provide a bridge.
This post was edited on 12/5/21 at 8:35 pm
Posted by Tigerpaw123
Louisiana
Member since Mar 2007
17250 posts
Posted on 12/5/21 at 8:43 pm to
Adams county?
Posted by A_bear
baton rouge
Member since Sep 2013
1958 posts
Posted on 12/5/21 at 11:18 pm to
I used to hunt some land that was owned by the parish. Basically it hunted like state land and was for public use. This property is accessible from 2 different ways. The whole area is kind of different in that the land between the access points is owned by a bunch of different land owners. The north access has a locked gate that the first land owner locks but has to give a key to the landowners past him. The property I hunted extends to the north road. The south access isn’t locked, however the property in question does not extend to the southern road. Years ago I came in from the south access and cut through a land owners property to access the “public” land. He got mad that I used his property as a right of way (I only walked, never took my bike through his land), and he shut that down.
Since then I’ve never been able to access that property anymore. I’ve tried to find other ways to it but it’s basically land locked. Pretty much nothing I can do because I’m not a parish official and can’t get a key to the northern access gate. Sucks it has to be like that but I guess that’s how it works for us poor people lol
Posted by BeerThirty
Red Stick
Member since May 2017
898 posts
Posted on 12/6/21 at 7:52 am to
Spent thousand in legal fees. Family land that was sold off years before and landlocked when sold. Old woman who owned the property that could give us access wouldn’t budge, and Weyerhauser on the other side wouldn’t trade, sell, or give an easement. We tried to trade double what we needed, plus pay any fees associated with the trade. Ended up going to court and essentially did exactly what we asked for in the beginning, $15k later.
Posted by footballdude
BR
Member since Sep 2010
1074 posts
Posted on 12/6/21 at 7:54 am to
Never buy land that does not have legal access. Land needs access to a road or a deeded access agreement across the adjacent property.

If the current owner wants to sell it they need to negotiate and document the access before the sale.

The other land owners owe you (the buyer) nothing.
Posted by Icansee4miles
Trolling the Tickfaw
Member since Jan 2007
29145 posts
Posted on 12/6/21 at 7:56 am to
That’s discouraging. Have a similar issue with my Dad’s 40 acres in Ranking County. Had an adjacent landowner my cousin happened to know that was agreeable to offering an easement, but he died suddenly and his family is fighting over his assets, so we aren’t even sure who can grant it at this point.
Posted by lsufan1971
Zachary
Member since Nov 2003
18084 posts
Posted on 12/6/21 at 9:06 am to
quote:

Landlocked Property


Never buy no matter how good you think the deal is friend. I had a chance to buy 60 acres at a steal that was landlocked along the Amite River in E Fel parish. It was full of Timber that would have paid for half the place. I decided not to buy on good advice from my dad. The ole baw that bought 5 years ago hasn't been able to do anything with it because he can't get the right of way situation straight.
Posted by BeerThirty
Red Stick
Member since May 2017
898 posts
Posted on 12/6/21 at 9:59 am to
It was. The old woman was going to make out like a bandit by the time it was said and done. We had sweetened the pot to include cash too, her getting half an acre from us, and we were paying all fees. She had a “special” son get involved that screwed it all up. Walked into the courthouse and before we got in front of the judge her lawyer convinced her to settle, on the original deal! So she got no cash and probably had $5k in attorney fees. I wanted to knock the sons remaining 6 teeth out in a bad way.
Posted by bbvdd
Memphis, TN
Member since Jun 2009
24914 posts
Posted on 12/6/21 at 11:07 am to
There was a discussion on this board a month or two back on this.

If I remember correctly in my quick research, in MS an adjoining land owner has to give you an easement.

That does not mean that you won't spend a lot of money in legal fees but they have to give you access.
Posted by Sparetime
Lookin down at La
Member since Sep 2014
867 posts
Posted on 12/6/21 at 12:44 pm to
Just remember, no where in MS Law does it require any landowner to grant easement to another owner.

Some people have rolled the dice and stolen the property in order to pay legal fees and construction costs to get an easement.
Posted by Sparetime
Lookin down at La
Member since Sep 2014
867 posts
Posted on 12/6/21 at 1:02 pm to
quote:

landlocked along the Amite River in E Fel parish.


Then it is not landlocked. If it is listed as a state navigable water than they have access. Hunt next to a place that got tested on that. Judge denied LL owners case to get timber out through another owner. Said to get a barge
Posted by jeffsdad
Member since Mar 2007
21329 posts
Posted on 12/6/21 at 8:48 pm to
I was once planning on looking at some landlocked land. The seller told me the people that owned the access route were really cranky but I could use their road. My daughter was about 4 years old and very intuitive. We got to a gate where we had to enter onto the cranky neighbor's land. There was a very old trailer about 50 yards away. "No trespassing" signs everywhere. I got out and opened the gate. When I got back in the truck, my daughter just blankly stared ahead and said, "We're gonna get shot." I looked at my wife, got out of the truck and re-closed the gate and just left. nope.
Posted by nogoodjr
Member since Feb 2006
795 posts
Posted on 12/6/21 at 9:54 pm to
This is a complicated topic. I have bought and sold numerous timber tracts with no deeded access. If you purchase property with no access the judge may be of the opinion that you knew this before you bought. In that case, you probably won’t get recreational access. If you have minerals or timber to get out every 7-12 years and there is a way to do so with little damage to your neighbor a judge will most likely agree.

There are creative ways to make money. If you can buy it cheap and then buy the adjoining land and give it all access you have upped all the value. Work with a smaller adjoining landowner to help with timber sales. For example I bought 30 acres this year with no access but 24 yo pine on it. There was an adjoining 30 acre tract with road frontage. They needed their property thinned as well. Nobody wants to cut 30 acres but 60 is more attractive. We help each other and my assets get out.

Lots of money in real estate is made by solving problems.
Posted by Fulwar
Member since Jun 2012
318 posts
Posted on 12/7/21 at 2:05 pm to
Thank you all for the insight.

Anyone ever have any luck negotiating with Weyerhaeuser for a right of way/easement? This would likely be a fairly significant distance, approximately two miles through WH property.
Posted by White Bear
Yonnygo
Member since Jul 2014
13738 posts
Posted on 12/7/21 at 2:12 pm to
quote:

Weyerhaeuser
I've heard they're tough, specifically on the oil and gas damages side, but I'd rather deal with them than some toothless hick with a raffle.

As stated above, recreational access is a different animal than timber harvesting, farming or extracting minerals. I've see this issue on formerly farmed lands that are now CRP/WRP.
This post was edited on 12/7/21 at 2:16 pm
Posted by BeerThirty
Red Stick
Member since May 2017
898 posts
Posted on 12/7/21 at 3:07 pm to
They would not even consider our situation, partly because of the small tract and I’m sure partly because they just didn’t want to deal with it. I would assume if you got in touch with the right rep of WH they could give you a concrete answer.
Posted by turkish
Member since Aug 2016
1727 posts
Posted on 12/7/21 at 7:03 pm to
You’re the guy I need to talk to. I have an inside track on a parcel I can buy. It does not currently have deeded access but the neighbor has traditionally always provided me recreational access. I’m very interested in buying this piece and the neighbor actually wants me to, but it’s only valuable to me IF the land has legal deeded access tied to it. Just ME having verbal access doesn’t provide value in the event I want to sell in the future.

Can I work this deal in a way that the seller thinks the access is a hardship? I assume a lender will require deeded access, too, no?
Posted by nogoodjr
Member since Feb 2006
795 posts
Posted on 12/7/21 at 7:34 pm to
It’s all about the price. All land has multiple values.The dirt has value, the minerals, timber, improvements, etc. you have to find the value. For example. I bought 40 acres of pine timberland for 1250/acre years ago. About 20 years old. No access either legal, historical, or physical. An adjoining property with deeded access and similar timber went up for sale. They wanted 2,800/acre. So I could have bought the adjoining tract and now my tract doubles in value. Instead I waited for a buyer to purchased the adjoining tract and offered my 40 for the same price. It would be worth more to him than anyone else.

In your case, if you can buy the landlocked tract cheap enough I would throw some money at the neighbor to give you deeded access. If you buy the tract for 40k for example then spend 10k on deeded access, survey, and legal work. Now with legal access the tract may be worth 80k.
Posted by nogoodjr
Member since Feb 2006
795 posts
Posted on 12/8/21 at 6:58 pm to
I forgot to address the lender issue. If you want traditional financing they want both legal and physical access. You can use a land bank to finance it without access, but the will want around 33% down and they won’t value it much without some timber or agricultural value.
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