• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Land Locked Property

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

JeffB160

Junior Member
What is the name of your state (only U.S. law)? Oklahoma

Many years ago my grandfather purchased 10 acres of land for the taxes owed, $10.00. He as well as my grandmother have since passed but the land is still in my grandfathers name. The land however is land locked, one individual has purchased over 6000 acres in the area which included all the land surrounding this particular parcel so we have no access to it whatsoever. We would like to be able to get to the land but are unsure what we need to do. I've read where we could file an easement petition with the court, is that something we could do on our own or do we need an attorney. We've offered to sell the land to the guy that owns all the property around us but he won't buy it. He uses it and i guess figures if we can't get to it there's nothing we can do.

Thanks!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Oklahoma

Many years ago my grandfather purchased 10 acres of land for the taxes owed, $10.00. He as well as my grandmother have since passed but the land is still in my grandfathers name. The land however is land locked, one individual has purchased over 6000 acres in the area which included all the land surrounding this particular parcel so we have no access to it whatsoever. We would like to be able to get to the land but are unsure what we need to do. I've read where we could file an easement petition with the court, is that something we could do on our own or do we need an attorney. We've offered to sell the land to the guy that owns all the property around us but he won't buy it. He uses it and i guess figures if we can't get to it there's nothing we can do.

Thanks!
At this moment, you have no authority what-so-ever to do anything with the land. Your grandfather's estate will need to be probated, as will your parents' (if they are deceased), as well as that of any other parties who may be beneficiaries who may no longer be alive.

This is quite a mess and will likely take a long time and a lot of money to straighten.
 

JeffB160

Junior Member
All 3 children of my grand parents are still living and would like to get the deed in their name. Since everyone is still living except for my grandparents will this process be any easier as far as the probate is concerned?
 

Zigner

Senior Member, Non-Attorney
All 3 children of my grand parents are still living and would like to get the deed in their name. Since everyone is still living except for my grandparents will this process be any easier as far as the probate is concerned?
It should make things easier in that there will be fewer steps required. I would suggest that the three siblings sit down and have a discussion with a local probate attorney about their goals and options.
 

LdiJ

Senior Member
It should make things easier in that there will be fewer steps required. I would suggest that the three siblings sit down and have a discussion with a local probate attorney about their goals and options.
I agree with this advice. I will also add that if they do file a case for an easement, the owner of the surrounding acreage may very well change his tune about buying up the 10 acres. He may realize that the cost of the suit and the resulting easement (as well as the loss of the use of the acreage) might be worse for him than just buying the collective you, out.
 

JeffB160

Junior Member
I guess the next step then is to have my father, aunt & uncle sit down with a probate attorney and decide what they want to do. I believe they just want to be able to pass it on to the grandchildren if this guy doesn't want to buy it. What kind of expenses would we be looking at to go through the whole probate process? Wondering if it's even worth the money to proceed at this point.
 

Zigner

Senior Member, Non-Attorney
I guess the next step then is to have my father, aunt & uncle sit down with a probate attorney and decide what they want to do. I believe they just want to be able to pass it on to the grandchildren if this guy doesn't want to buy it. What kind of expenses would we be looking at to go through the whole probate process? Wondering if it's even worth the money to proceed at this point.
That is one of the questions that should be asked of the attorney.
 

TigerD

Senior Member
Just how long has this other guy kept your family out of the property?

It may not be your family's property any more. Adverse possession in Okla. is 15 years.

DC
 

154NH773

Senior Member
It may not be your family's property any more. Adverse possession in Okla. is 15 years.
It's theirs until a court says it isn't theirs. In most states there is an implied easement included in the last sale of land that created the necessity for an easement. I don't think the fact that they haven't utilized such an implied easement would trigger adverse possession, only an adverse use of their property would trigger such a claim. They did say he used the property, so it may be true he could make the claim. It would be up to a court whether he prevailed.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top