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Post by michaeladkins on Jul 18, 2015 13:05:20 GMT -5
Let wife and I are going out to look at another price of land tomorrow, but it has a slight issue. It is nearly land locked. Meaning it has a deeded right of way but no road frontage. My question to my agent as well as the sellers agent was this. If I wanted to, could I pave or put gravel on the right of way? Right now it is just a stretch of grass running 15 feet in width along the edge of the easement owners land.
I don't want to buy land and not be able to potentially put a home on it..and if we put a home there, we would want a drive way.
Any thoughts would be appreciated. Neither agent knows the answer.
Thanks. Mike
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Post by Jamie Brooks 1John5:13 on Jul 18, 2015 13:18:45 GMT -5
I'm so happy for you to be able to get some land. I wouldn't be opposed to land like this, and I'm surprised that they didn't know the answer. The older I get, the less road frontage I want.
I would have my realtor talk with the adjoining land owner to see how they feel about it. The only opposition would come from them. I built a driveway on a utility easement once. Yes, the utility had the rights to dig up my driveway if a problem occurred, but I'm not thinking that this would be a problem that you'd experience. The county would just get more taxes from it, so can't see a problem with them.
Congratulations Michael!
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Post by esshup on Jul 18, 2015 13:33:06 GMT -5
Be aware that each state has different regulations. A friend had a right of way deeded in his property (it was in Missouri) and the scumbag other landowner got a judge to disallow the deed somehow and his property was then landlocked with the buttwipe landowner not allowing any trespassing. So, after many 10's of thousands in legal fees he basically gave his land to the state because he couldn't sell it as it was now landlocked.
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Post by Jamie Brooks 1John5:13 on Jul 18, 2015 16:20:16 GMT -5
Be aware that each state has different regulations. A friend had a right of way deeded in his property (it was in Missouri) and the scumbag other landowner got a judge to disallow the deed somehow and his property was then landlocked with the buttwipe landowner not allowing any trespassing. So, after many 10's of thousands in legal fees he basically gave his land to the state because he couldn't sell it as it was now landlocked. Wow, horror story.
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Post by swetz on Jul 18, 2015 17:35:47 GMT -5
Me and my wife looked at several land locked parcels before we bought our place and I'd be pretty hesitant.
As the above horror story illustrates you want to be really sure you're on solid legal footing. If you really like the place, it's worth consulting with an attorney who specializes in this (I don't know, maybe real estate law) and have them look at the agreement.
You'd want to make sure the language is such that the right of way continues in perpetuity. Don't go by anything the agent says or even what the adjacent owner says. Your agent has an agenda and if even the neighbor is the greatest guy, the next owner they sell to may not be.
Assuming that all checks out, couple other considerations if you want to build on the place. Is the right of way big enough for large vehicles hauling materials to come through? Are you on the hook if they dig big ruts in that land? Has a perc test been done on the land so you can put in a septic tank? Can you get utilities to the place?
I thought the further off the beaten path the better to, but that can make things pretty tough. Anyway, good luck and I hope you find a nice place.
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Post by firstwd on Jul 18, 2015 20:21:43 GMT -5
Maybe look into purchasing the land making up the access easement. Saves a lot of hassles.
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Post by michaeladkins on Jul 19, 2015 9:13:04 GMT -5
Yeah. I think I need to speak with the land owner of the easement first. I think it would be a touchy situation. I think if they don't want there to be a driveway, they don't have to allow it. Maybe I need to speak to a real estate attorney. I would rather pay a little up front than pay a ton down the road.
There are several different land owners around property, so the idea of purchasing a small piece of land to access the property, may be the best solution.
Right now we are just going to use the land for recreation and have no interest in building there...but... I think the land is more valuable if the option is there to build a home.
We are heading there today to take a look. Maybe I will get a chance to speak with the easement owner.
Thanks!
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Post by Jamie Brooks 1John5:13 on Jul 19, 2015 10:36:33 GMT -5
Yeah. I think I need to speak with the land owner of the easement first. I think it would be a touchy situation. I think if they don't want there to be a driveway, they don't have to allow it. Maybe I need to speak to a real estate attorney. I would rather pay a little up front than pay a ton down the road. There are several different land owners around property, so the idea of purchasing a small piece of land to access the property, may be the best solution. Right now we are just going to use the land for recreation and have no interest in building there...but... I think the land is more valuable if the option is there to build a home. We are heading there today to take a look. Maybe I will get a chance to speak with the easement owner. Thanks! Hey, that's a really good idea to purchase a slice of access land. My landowner bought 200' of woods all along the west side of his property. I'm not sure why he did it, but it gave me a nice buffer to hunt along the old fence. I saw another piece of property where a guy bought a strip of land just to access landlocked woods that he had rights to hunt, but didn't own the woods.
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Post by michaeladkins on Jul 19, 2015 10:52:38 GMT -5
I'm so happy for you to be able to get some land. I wouldn't be opposed to land like this, and I'm surprised that they didn't know the answer. The older I get, the less road frontage I want. I would have my realtor talk with the adjoining land owner to see how they feel about it. The only opposition would come from them. I built a driveway on a utility easement once. Yes, the utility had the rights to dig up my driveway if a problem occurred, but I'm not thinking that this would be a problem that you'd experience. The county would just get more taxes from it, so can't see a problem with them. Congratulations Michael! Thank you!
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Post by freedomhunter on Jul 19, 2015 12:17:02 GMT -5
Make sure the easement is perpetual (meaning it always stays with the deed no matter what). The county or town will control whether or not you can get a building permit. I would go straight to who issues the permit, usually planning and zoning department, and make them put in writing (signed) that the property you are buying can have a permit for a new residence.
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Post by lawrencecountyhunter on Jul 19, 2015 22:07:42 GMT -5
Yeah. I think I need to speak with the land owner of the easement first. I think it would be a touchy situation. I think if they don't want there to be a driveway, they don't have to allow it. Maybe I need to speak to a real estate attorney. I would rather pay a little up front than pay a ton down the road. There are several different land owners around property, so the idea of purchasing a small piece of land to access the property, may be the best solution. Right now we are just going to use the land for recreation and have no interest in building there...but... I think the land is more valuable if the option is there to build a home. We are heading there today to take a look. Maybe I will get a chance to speak with the easement owner. Thanks! How did the visit go? Happy for you to be in a situation to buy your own land..
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Post by michaeladkins on Jul 20, 2015 9:23:45 GMT -5
The visit went ok. I don't care for the easement. The cabin that is on it is in super bad shape. I think it would have to come down. When they built it, they built it right on the ground instead of raised. So there are termites and water issues. The property is beautiful, but the pine trees that line the way to the cabin are pretty much dead. I think hunting would be great, which is what I would want it for, but I just see so much work when I look at it. I think it actually becomes more work because there is a cabin on it. We would end up tearing it down...in time.
We did look at another piece of property that did not have a cabin and has a fair amount of road frontage. I liked that property. We may make an offer on that land. I don't want to rush into, but it seems good land goes fast!
Thanks for all of your thoughts!!
Mike
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Post by lawrencecountyhunter on Jul 20, 2015 9:47:35 GMT -5
The visit went ok. I don't care for the easement. The cabin that is on it is in super bad shape. I think it would have to come down. When they built it, they built it right on the ground instead of raised. So there are termites and water issues. The property is beautiful, but the pine trees that line the way to the cabin are pretty much dead. I think hunting would be great, which is what I would want it for, but I just see so much work when I look at it. I think it actually becomes more work because there is a cabin on it. We would end up tearing it down...in time. We did look at another piece of property that did not have a cabin and has a fair amount of road frontage. I liked that property. We may make an offer on that land. I don't want to rush into, but it seems good land goes fast! Thanks for all of your thoughts!! Mike Ha! Lawrence county.. That property borders my parents place. That's why I was curious.
There are a lot of deer back there, but the neighbor in the barn house has given the current owner problems. I was going to lease it from her 2-3 years ago, but a fence had been constructed across the supposed easement, and she didn't want to push the issue with the neighbor.
I just hope a good person gets the place.. Someone who won't line the property line with stands overlooking our fields.
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Post by michaeladkins on Jul 20, 2015 10:08:53 GMT -5
Small world man. I was wondering if you knew of the property I was speaking of. I figured I gave it away when I started talking about the cabin.
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Post by Jamie Brooks 1John5:13 on Jul 20, 2015 14:13:51 GMT -5
The visit went ok. I don't care for the easement. The cabin that is on it is in super bad shape. I think it would have to come down. When they built it, they built it right on the ground instead of raised. So there are termites and water issues. The property is beautiful, but the pine trees that line the way to the cabin are pretty much dead. I think hunting would be great, which is what I would want it for, but I just see so much work when I look at it. I think it actually becomes more work because there is a cabin on it. We would end up tearing it down...in time. We did look at another piece of property that did not have a cabin and has a fair amount of road frontage. I liked that property. We may make an offer on that land. I don't want to rush into, but it seems good land goes fast! Thanks for all of your thoughts!! Mike Maybe it would make a nice bonfire for a few hundred friends. LOL You'll know when you see the land you want. Just send us photos.
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Post by throbak on Jul 20, 2015 17:59:53 GMT -5
One thing to consider Water lot of or Zi should say MOST p places here dont have wells and most counties require frontage ,and if your going to build think about a perk test
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