Property question .

• May 6, 2016

• #1

dantheman

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My sister in law lives in the house her late husband grew up in . Her husband owned the house and a section of the property . There are two parcels of land behind his that belong to his two sisters but they are landlocked and there is no access . I was always told that you cannot create a landlocked parcel but I don't know whether that's the actual law or not . Anybody know the scoop on this kind of situation ?

 

• May 6, 2016

• #2

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Whitebread

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dantheman said:

My sister in law lives in the house her late husband grew up in . Her husband owned the house and a section of the property . There are two parcels of land behind his that belong to his two sisters but they are landlocked and there is no access . I was always told that you cannot create a landlocked parcel but I don't know whether that's the actual law or not . Anybody know the scoop on this kind of situation ?

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So when you say landlocked... There is no deeded egress to the property? I'm dont want to pretend I am an expert but the little I do know is its typical for there to be an easement deeded to the landlocked property.

 

• May 6, 2016

• #3

dantheman

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She said that there is none that she knows of . Without access the property is worthless except for mineral rights , etc.

 

• May 6, 2016

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Danny Abear

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Go to local clerk of courts office and look up her deed to her property, there is probably a right of way listed.

 

• May 6, 2016

• #5

whitsend

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Since it is all family, they may not have listed a right of way, but my understanding is she has to allow access to the property.

Note the IANAL.

Not sure the reason for the question, but if they are wanting to sell the landlocked property and she doesn't want to buy it she needs to establish a right of way.
My understanding is that she can put the right of way where it is best for her, not for the landlocked owner of the property.

 

• May 6, 2016

• #6

dantheman

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The question came up because my sister in law is not well and has two daughters of her own . She does not completely trust her husbands sisters and doesn't want them to try to pull a fast one on her girls when something happens to her . One of the sisters has a husband that has commented that he thinks the property is valuable and he is a proven snake in the grass . The property is wooded wetland and pretty useless so we think he's up to something .

 

• May 6, 2016

• #7

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swampfoxx

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My grandfather left my family some property in Zachary years ago. We subdivided it and I put a trailer on it when I was young. There was a tractor path that was used to feed the cows and went through our property as well as my uncle's (his cattle). We dropped some gravel on it to make a road to get to the property. The city made all us of sign an easement stating that if anyone purchased the property we had to grant access to the road.

 

• May 6, 2016

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whitsend

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JMHO, if there is not a deeded right of way, find where SHE wants the right of way, and have it recorded.
I have no idea how to do that, but an attorney would be a good idea.

Note that if they have ANY access other than through her property, she doesn't have to give access.
ie. if they are currently accessing the property through a right of way on someone else.

Still note the IANAL.
She will definitely need legal advice, and everything I have said could be wrong. (but I don't think it is)

 

• May 6, 2016

• #9

dantheman

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There is NO access other than through sister in law's yard or a neighbor . Nobody has been on that property except maybe a random hunter . She has a copy of her In Law's Wills so that's where she needs to start I guess . I was just curious if there was any laws relative to landlocked property .

 

• May 6, 2016

• #10

AustinBR

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This came up in my Real Estate Management class about four weeks ago. It basically went like this:

If there is a landlocked segment of real property, the owner of the real property cannot be prohibited from accessing his property. One of the adjacent property owners needs to grant an easement. If they cannot reach an accord, a local judge can grant a judiciary easement.

 

• May 7, 2016

• #11

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cajun 22

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What AustinBR said. Plus she has to grant right-of-way/ permission only to the deeded (sp) owner of parcel of land and not their entire family. A friend of mine just went through this in court and that is what the judge ruled. Legal advise will be money well spent. Oh, and the other thing the judge ruled is that the person has to have good reason to need to access the land, such as cattle, a structure, or other servicing requirement. Not just because they want to. YMMV.

Good Luck

 

• Jun 16, 2016

• #12

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shotgunjim

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Went thru this in Arkansas and they have a law that county judge appoints a panel of surveyors, etc to determine route of access to landlocked property. This suposedly eliminates a lot lawsuits and peeing contest about such matters. jim