Author Topic: Easement by necessity  (Read 6602 times)

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Offline Tome

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Easement by necessity
« on: December 08, 2014, 05:18:45 PM »
Anybody had any experience with perfecting an easement by necessity? I have some landlocked land that I am having trouble gaining access to..

Offline flyingvan

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Re: Easement by necessity
« Reply #1 on: December 08, 2014, 07:21:11 PM »
Find what you love and let it kill you.

Offline Tickhill

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Re: Easement by necessity
« Reply #2 on: December 09, 2014, 01:46:30 AM »
Excellent article on this topic, best explanations I have seen.
"You will find the key to success under the alarm Glock"  Ben Franklin
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Offline John Raabe

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Re: Easement by necessity
« Reply #3 on: December 09, 2014, 06:16:53 AM »
Valuable post with good information. Thanks for the link Flyingvan. :D
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Offline Tome

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Re: Easement by necessity
« Reply #4 on: December 09, 2014, 02:54:15 PM »
http://cansellnow.com/property-landlocked/

Thanks, unfortunately or fortunately I only need about 300 SF but have an uncooperative land owner blocking my access.

Tom

Offline MountainDon

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Re: Easement by necessity
« Reply #5 on: December 09, 2014, 04:57:32 PM »
The link is specific to NC; the details may vary state to state.

Here in NM, at the present time, the county I live in does not permit the sale of property without there being a legal right of way or easement written into the property details recorded by the county. The right of way has to be surveyed by a licensed surveyor and indicated on the plat and the plat registered with the county. I do not know how long this has been in effect or if it varies from county to county. All I know is we have a plat that indicates the easement route.
Just because something has been done and has not failed, doesn’t mean it is good design.

Offline flyingvan

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Re: Easement by necessity
« Reply #6 on: December 09, 2014, 05:19:46 PM »
I picked that link because Tome, the original poster, is in North Carolina.   It's pretty close to the rules here, too. 

    When I sat on the County Planning Group for the Cuyamaca subregion, an older guy approached us trying to get a variance for the height of his garage.  I helped him through the paperwork and got him on the front of the docket so he wouldn't have to sit through the whole boring meeting, and we unanimously approved his variance.
     Two years later I bought the lot for the first place I built, Cuyamaca Cabin.   Just before handing me my building permit Plan Check discovered a very old easement on one side of the lot, to a section of a 'flag lot' that went way up the hill (it was the planned access in 1900, before roads were built up the hill)  Anyway, this easement came with setbacks that were so restrictive I wouldn't have been able to build.
     I went and knocked on the door to find out what it would take to get him to quitclaim the easement----turned out to be the same guy I'd helped with the variance years before.   He wouldn't even accept gas money for the drive to the notary, though he did take the case of beer I left on his doorstep.
     With both my builds and my current rebuild I try to remember it's stressful to have someone put up a new structure next door.  Not blaring music, keeping reasonable work hours, offering to haul their trash with the many dump runs---For Cuyamaca Cottage, my second build, the retired couple next door asked me to put in a parking space at the top of their lot next to where I was building so they wouldn't have to climb stairs anymore.  Time well spent (I probably use the spot more than they do come to think of it)
      If you can convince neighbors their lives will be better with you there and you'll be increasing property values, the entire process will go easier.  If you have to sue to get what you want, well, those fences will take a long time to mend
Find what you love and let it kill you.

Offline Tome

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Re: Easement by necessity
« Reply #7 on: December 10, 2014, 03:23:38 PM »
I picked that link because Tome, the original poster, is in North Carolina.   It's pretty close to the rules here, too. 

    When I sat on the County Planning Group for the Cuyamaca subregion, an older guy approached us trying to get a variance for the height of his garage.  I helped him through the paperwork and got him on the front of the docket so he wouldn't have to sit through the whole boring meeting, and we unanimously approved his variance.
     Two years later I bought the lot for the first place I built, Cuyamaca Cabin.   Just before handing me my building permit Plan Check discovered a very old easement on one side of the lot, to a section of a 'flag lot' that went way up the hill (it was the planned access in 1900, before roads were built up the hill)  Anyway, this easement came with setbacks that were so restrictive I wouldn't have been able to build.
     I went and knocked on the door to find out what it would take to get him to quitclaim the easement----turned out to be the same guy I'd helped with the variance years before.   He wouldn't even accept gas money for the drive to the notary, though he did take the case of beer I left on his doorstep.
     With both my builds and my current rebuild I try to remember it's stressful to have someone put up a new structure next door.  Not blaring music, keeping reasonable work hours, offering to haul their trash with the many dump runs---For Cuyamaca Cottage, my second build, the retired couple next door asked me to put in a parking space at the top of their lot next to where I was building so they wouldn't have to climb stairs anymore.  Time well spent (I probably use the spot more than they do come to think of it)
      If you can convince neighbors their lives will be better with you there and you'll be increasing property values, the entire process will go easier.  If you have to sue to get what you want, well, those fences will take a long time to mend

I want to make the grantor a generous offer but I cannot get past "hello" before i am told to leave.I have recently found a mutual friend and will try to open a door to at least present an offer or listen to her needs.

I just hate to pay two lawyers a bunch of money I could give to my neighbor. (I pan to have a real  estate and trial lawyer)

I am confident I can prevail but even then only the  lawyers win.

I only need about 300 SF or about a ten by thirty area.

Yesterday I contacted her deed lawyer to see if he would be interested in facilitating a meeting. Got a strong no.

This is 70 acre tract I pan to put a cabin in the middle of and be an occasional weekend neighbor.

Any thoughts on sending a conditional check with an easement agreement?


I really need help with this one folks!









Offline rick91351

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Re: Easement by necessity
« Reply #8 on: December 10, 2014, 05:12:20 PM »
Do you own the property now?
Proverbs 24:3-5 Through wisdom is an house builded; an by understanding it is established.  4 And by knowledge shall the chambers be filled with all precious and pleasant riches.  5 A wise man is strong; yea, a man of knowledge increaseth strength.

Offline Tome

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Re: Easement by necessity
« Reply #9 on: December 11, 2014, 03:17:20 PM »
Yes, I own 70 landlocked acres. I do have an alternate "easement by permission" that is limited to light traffic.

Offline rick91351

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Re: Easement by necessity
« Reply #10 on: December 11, 2014, 05:28:10 PM »
This person the only avenue or most convenient?  Land trade - few feet for a couple acres?  What is the fear? - subdividing? - bad neighbors? - hell I basically own it now?     
Proverbs 24:3-5 Through wisdom is an house builded; an by understanding it is established.  4 And by knowledge shall the chambers be filled with all precious and pleasant riches.  5 A wise man is strong; yea, a man of knowledge increaseth strength.

Offline Tome

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Re: Easement by necessity
« Reply #11 on: December 11, 2014, 05:59:15 PM »
This person the only avenue or most convenient?  Land trade - few feet for a couple acres?  What is the fear? - subdividing? - bad neighbors? - hell I basically own it now?     

I was honest and told her I needed to timber and replant about ten acres. She is afraid trucks will put her children at risk getting on school bus. Timbering will be on five year cycles.

Actually I am a great neighbor, no hog or poultry desires as evident on my other farms in the area!

She appears she could use the money.

My current efforts are through a mutual friend.




Offline Tome

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Re: Easement by necessity
« Reply #12 on: December 11, 2014, 06:01:30 PM »
This person the only avenue or most convenient?  Land trade - few feet for a couple acres?  What is the fear? - subdividing? - bad neighbors? - hell I basically own it now?     

Cross her land is the route with my best legal position. I really believe I can win but will spend $5-10 grand.

Offline rick91351

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Re: Easement by necessity
« Reply #13 on: December 11, 2014, 07:51:45 PM »
I was honest and told her I needed to timber and replant about ten acres. She is afraid trucks will put her children at risk getting on school bus. Timbering will be on five year cycles.

Actually I am a great neighbor, no hog or poultry desires as evident on my other farms in the area!

She appears she could use the money.

My current efforts are through a mutual friend.

WOW unless your timber is insane down there.  Seventy acres is not a lot of trucks you get your logs bucked and yarded you're hardly talking a couple weeks if the trucks a available.   And when it is over it is over no mass!  Me thinks she / he / they are not seeing the big picture.  Logging a parcel is not a full time gravel pit with trucks going and coming for several years.   
Proverbs 24:3-5 Through wisdom is an house builded; an by understanding it is established.  4 And by knowledge shall the chambers be filled with all precious and pleasant riches.  5 A wise man is strong; yea, a man of knowledge increaseth strength.

Offline Tome

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Re: Easement by necessity
« Reply #14 on: December 15, 2014, 03:35:58 PM »
WOW unless your timber is insane down there.  Seventy acres is not a lot of trucks you get your logs bucked and yarded you're hardly talking a couple weeks if the trucks a available.   And when it is over it is over no mass!  Me thinks she / he / they are not seeing the big picture.  Logging a parcel is not a full time gravel pit with trucks going and coming for several years.

I sure hope the mutual friend can facilitate a closure. I will keep progress posted.

 

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