Question about easement law: There's a property for sale near my neighborhood that's ridiculously cheap, and it's zoned agricultural/single family 1home/acre. It's 15 acres. But my realtor says it's "landlocked", and I need to "sue for 3 easements". It's a pretty high-end neighborhood, and I wouldn't be buying to develop, rather I'm trying to do some agroforestry and maybe have a couple of greenhouses. Should I even waste my time, or is this a project where it looks like I can maybe do some legwork, and since I'm not a developer trying to stick 30 homes on this lot then I might be able to get access? Thanks in advance, Brian
You can always get access if your neighbors allow it, but neighbors or feelings might change. Not sure if you are talking about Oregon or Washington. There is a doctrine called easement by necessity. However, you probably have to sue for the easements to have them recorded and have marketable title. You may not be able to finance the acquisition because there may be a marketable title problem. The lawsuit will require a chain of title on the property you are acquiring and the properties you are trying to have easements granted to show that at one time there was a common owner. You could always (I guess) make an offer contingent on the seller getting marketable title with access easements?
I'm not a lawyer, but I am a land planner. First thing I'd check is whether the realtor knows what he's talking about. The customer service department at a title company should be able to determine if there are any recorded access easements to the property. If there aren't then you're going to have to see if you can acquire one and that's likely to take some time tracking down and negotiating with land owners. You'd probably want to see if you can tie the property up with a refundable deposit that you get back if you aren't able to get an easement that works for you.
Oh, well don't know anything about Florida laws then. My advice is worth what you paid for it, but ask your realtor if it would be worth putting together a contingent offer where they go to court to get the easements. Even if you decide to buy it without the easements and you get title insurance and the title company screws up and doesn't spot the issue, they typically have to hire a lawyer to clean up the title. If you don't have access, it is not marketable title, and that is what the title insurance is for. Not sure if there is title coverage though if you are aware of the title defects when you buy the property (probably not).
I'm telling you the helicopter idea would work. Eventually you could have your children transported to and from school by drone.
You might want to take a look at this section out of Florida statutes about a "Statutory Way of Necessity". Not sure if it applies, but it sounds like it might: http://law.justia.com/codes/florida/2005/TitleXL/ch0704.html
Think again, wise dog. Do you have any idea of the amount of paperwork, hearings, and expense involved in getting a permit to establish a helicopter landing pad on your property?
See, now we're on to something. Start the paperwork to request a helicopter landing pad, neighbors get upset, then one of them will offer an easement in exchange for not putting in the pad.
Good point. And if that doesn't work he can always tell the neighbors he's going sell it to the Navy as a bombing range unless they cooperate.
Better yet, secede from the US, annex it to Mexico and make it available to President Trump in 2016 so that he can use it as a processing point for moving 11 million undocumented individuals out of the country and then back in. Say Brian takes a reasonable $100 a head commission for the use of his land, it's still a lot more cost effective than exporting them to real Mexico and back in again.
I do not like getting involved in these types of land deals. Costs can skyrocket once lawyers get involved in the negotiations. But if you really like the property and the price is too good to pass up. The first thing I would do before making an offer is go talk to the neighbors. Find out if any of them are interested in selling the easement rights, and for how much. It would also be a good way to take the temperature of the neighborhood. After talking to them, you may not like or trust them as neighbors.
The OldFisherman is right. It is simply a matter of either buying one of the adjacent properties in addition to the one you want, and then sell it after you give (and record) your other property an easement. Or get an easement from an existing owner. It probably is but an matter of price.
