landlocked land

[rinniecat]

What is the name of your state? Pennsylvania, i have 3.5 acres. there is 10 acres behind me that has been landlocked for many years. It was sold about 3 years ago. the only people who could purchase it was someone who had access. this kid purchased it and had access thru his grandfathers land but to get to it, it will cost him thousands in fees to get to it to cross a creek. He is trying to pull under the law that he can create an easement by necessity by the roadway over the land historically serviced. the township has no record of this I dont want to have to go to the expense of fighting this but I will. but can he do this. And why do I have to be the one to get it. there are 3 other ways.

 

[seniorjudge]

The GENERAL rule is that a landlocked piece of land can get an easement over the easiest way out. (That is an extremely simple statement of the law.)


Without knowing what your land looks like, no one could really help you.

We'd have to have a lot more info.

 

[xylene]

If he has an easement, but it will cost him 'fees' to use it for creek crossing???

I don't get it. Do you mean he has to build a bridge and or pay state enviro fees or state maintenance... or all three. Avoiding those are hardly necessity.

If he has an easement, but it will be cheaper to force it on you is not a necessity...

 

[rinniecat]

But he can get to it other ways, and he knew this buying it.

 

[rinniecat]

If he has an easement, but it will cost him 'fees' to use it for creek crossing???

I don't get it. Do you mean he has to build a bridge and or pay state enviro fees or state maintenance... or all three. Avoiding those are hardly necessity.

If he has an easement, but it will be cheaper to force it on you is not a necessity...

something about because its a naural water source or something?

 

[xylene]

But he can get to it other ways, and he knew this buying it.

What he 'knew' is not relevant.

Does he have another easement as you imply in the first post?

 

[rinniecat]

What he 'knew' is not relevant.

Does he have another easement as you imply in the first post?

Here is the way I understood it. When it was sold it was to only be sold to someone having access. There were 3 people that were supposed to bid on it. A closed bid. Okay now that never happened he went behind 3 peoples back and bought it anyway. Thinking that he would get access thru this grandfathers property, But his pap died and somehow the property has liens or something, but even if he could he would have to pay all these permits. So now he is trying to make me give him easement. I think because of the liens is the big thing now though. But i thought property cant be sold now if there is no easement?

 

[Zigner]

https://forum.freeadvice.com/showpost.php?p=1906638&postcount=2

Consult with a local real estate attorney...

 

[FarmerJ]

When you speak to a real estate atty , IF this new owner has land that is adjacent to your land one option to discuss is a land swap he gets a narrow strip off the side of your land that will become his so he can build a driveway and you would get a eqaul amount of his land and he would have to agree to pay all the legal cost to do this, EVEN if the whole thing makes you mad, the thing is if your property was the easiest target and he sued you for a easement you could end up with a court order that leaves you stinging badly. BUT A swap will not reduce your parcels size just change it and give him what he needs If he is willing to pay for it . Ill bet that even a judge would think such a offer is reasonable. BUT This is a matter to be handled by a atty to make sure your own interest are protected.

 

[rinniecat]

I have looked on the site for Pa law and landlocked land. BUt from what I could see, easements keep going back on the seller. I didnt sell him this land. Now i guess what I need to know is In Pa since you cant landlock proterty, But remember this property has been landlocked for many years probally over 40. It was first bought because of back taxes. Now this person did not own this property prior to this, it was recently purchased. Is there a grandfather clause that you can go back to. Now remember this property could not be sold because of being landlocked prior.