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Easement Right of Way Necessary?

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RideRed250

Junior Member
I am looking to buy a parcel of land that extends behind and adjoins "Sam's" land. After I buy this parcel, I want to split it and sell Sam the piece that adjoins his existing property. There is no other access to the parcel that I want to sell Sam, except through the tract that I am keeping, and through the back his existing property.

Do I have to agree to a right-of-way or ingress-egress easement through the tract that I am keeping, to give Sam access to the tract that I want to sell him? Or, am I not required by the fact that he has access to his new parcel through his existing property?

Thanks!What is the name of your state (only U.S. law)?
 


HomeGuru

Senior Member
I am looking to buy a parcel of land that extends behind and adjoins "Sam's" land. After I buy this parcel, I want to split it and sell Sam the piece that adjoins his existing property. There is no other access to the parcel that I want to sell Sam, except through the tract that I am keeping, and through the back his existing property.

Do I have to agree to a right-of-way or ingress-egress easement through the tract that I am keeping, to give Sam access to the tract that I want to sell him? Or, am I not required by the fact that he has access to his new parcel through his existing property?

Thanks!What is the name of your state (only U.S. law)?
**A: who is Sam? Are you talking the federal government.
 

jimmler

Member
I am looking to buy a parcel of land that extends behind and adjoins "Sam's" land. After I buy this parcel, I want to split it and sell Sam the piece that adjoins his existing property. There is no other access to the parcel that I want to sell Sam, except through the tract that I am keeping, and through the back his existing property.

Do I have to agree to a right-of-way or ingress-egress easement through the tract that I am keeping, to give Sam access to the tract that I want to sell him? Or, am I not required by the fact that he has access to his new parcel through his existing property?

Thanks!What is the name of your state (only U.S. law)?
It would depend on the local zoning and subdivision laws in the state where the land is located, which you failed to provide. You could make a visit to your local zoning office and find out, or talk to a land surveyor in your area who has subdivision experience. A real estate attorney in your area may also be able to answer that question.
 
Last edited:

efflandt

Senior Member
Too many unknowns (including the undisclosed state). In some states it is illegal to create landlocked property when subdividing it. But if it is sold to an adjoining neighbor that is not landlocked then the parcel is not really landlocked to them. But if that person then sold just that remote parcel, they would need to provide access.

I had property in WI with easement issues when the easement represented by the seller to me was not (in writing from the owner, nor recorded). The easement was just verbal, and subsequent owners were going to lock it. The actual described easement was not properly recorded across the properties it traversed (not to mention a bog and creek in that path). So my property would have been effectively landlocked. I ended up selling it to an adjoining neighbor unrelated to the easement dispute. But easement was not an issue because his property adjoining mine was on a township road and his primary use of my former property would be hunting (great for deer and grouse, but unsuitable for livestock or farming due to boggy conditions).
 

154NH773

Senior Member
Unless your state is really different, you do not need to grant access to "Sam/Tim". Simply transfer the land to "Sam/Tim" by doing a lot line adjustment.
This usually does not require subdivision, but may require Planning Board approval. The approval is usually granted and is mostly a formality to ensure no other ordinance regulations are violated by the land transfer, and to adjust the tax map.
I would advise that the deed given to "Sam/Tim" specifically state that no access is provided from the lands you will retain, and that "Sam/Tim" agrees that access will be provided to his new lands through his existing land. This may not be absolutely necessary, but it is no problem to include such language, and will ensure that there is no misunderstanding in the future.
A lot line adjustment does not create a landlocked parcel, it just moves an existing lot line to a new location.
 

HomeGuru

Senior Member
Unless your state is really different, you do not need to grant access to "Sam/Tim". Simply transfer the land to "Sam/Tim" by doing a lot line adjustment.


**A: what the heck are you talking about? A lot line adjustment is not a deed and cannot be used for this purpose where Sam?tim are not even owners of the property.

#######
This usually does not require subdivision, but may require Planning Board approval. The approval is usually granted and is mostly a formality to ensure no other ordinance regulations are violated by the land transfer, and to adjust the tax map.
I would advise that the deed given to "Sam/Tim" specifically state that no access is provided from the lands you will retain, and that "Sam/Tim" agrees that access will be provided to his new lands through his existing land. This may not be absolutely necessary, but it is no problem to include such language, and will ensure that there is no misunderstanding in the future.
A lot line adjustment does not create a landlocked parcel, it just moves an existing lot line to a new location.
**A: oh brother.
 

154NH773

Senior Member
Not sure what your problem is with my comments HomeGuru.

The OP said he wanted to buy a piece of property and then sell a piece to Sam that adjoins Sams land. He was concerned that the piece he was selling would be landlocked.

If he has the land to be sold surveyed, he could sell that property to Sam, and to avoid having the land considered a separate landlocked parcel, they could do a lot line adjustment, by deed. The lot line adjustment might have to be approved by the Town Planning Board, but since the total parcels (2) would remain the same there is no subdivision.
The end result would be; that the sold piece would then become part of Sam's existing parcel and therefore, not landlocked.
Maybe I'm not explaining it to everyone's satisfaction, but it can be done, and I've done it. Naturally, it will require expertise in writing the deeds, so I advise a good real estate lawyer.
 

jimmler

Member
Not sure what your problem is with my comments HomeGuru.

The OP said he wanted to buy a piece of property and then sell a piece to Sam that adjoins Sams land. He was concerned that the piece he was selling would be landlocked.

If he has the land to be sold surveyed, he could sell that property to Sam, and to avoid having the land considered a separate landlocked parcel, they could do a lot line adjustment, by deed. The lot line adjustment might have to be approved by the Town Planning Board, but since the total parcels (2) would remain the same there is no subdivision.
The end result would be; that the sold piece would then become part of Sam's existing parcel and therefore, not landlocked.
Maybe I'm not explaining it to everyone's satisfaction, but it can be done, and I've done it. Naturally, it will require expertise in writing the deeds, so I advise a good real estate lawyer.
I am not HomeGuru, but the problem with your advice is that subdivision and zoning laws vary GREATLY from State to State, County to County, Municipality to Municipality, etc.

You are talking about a very specific case (yours) which has no bearing on the laws of other States or places, therefore not good advice.

A qualified professional can tell the OP what is allowed in their locality, if there are any zoning or health dept. issues that need to be dealt with, if creating a parcel without frontage is a problem, if the property being transferred renders the original parcel too small to meet current zoning regs, if it can be done by deed or has to go through a subdivision process or some other process, if you can keep it a separate parcel that could be buildable in the future, etc.

jimmler
I am not a lawyer, I have been in surveying since 1989.
 

RideRed250

Junior Member
Thanks for the responses so far. I thought I had indicated that my state is NC in my original post. It didn't take. This tract is 30 acres. The selling family originally divided the tract into 3 separate parcels with the intention of each sibling retaining one parcel each. The deeding process fell apart due to a filing error with the clerk of court, and subsequently, a disenting sibling. The entire 30 acre tract will now go to the highest bidder at auction. I intend to win at auction, and then sell a portion of the 30 acre tract to a friend, who has the ajoining property. If I sold it to a different party without ajoining property, I know I would have to provide ingress/egress. I was just wondering if requirements were different based on the friend's ability to access the new parcel from his existing property.

Thanks again for the discussion.
 

seniorjudge

Senior Member
I was just wondering if requirements were different based on the friend's ability to access the new parcel from his existing property.

Here are the GENERAL rules.

You cannot create a landlocked parcel.

If the parcel has access to a public roadway, it is not landlocked.

If the parcel ends at a cliff and next to the cliff is an interstate, it has access.
 

RideRed250

Junior Member
jimmler
I am not a lawyer, I have been in surveying since 1989.
Jimmler, since you are a surveyor, maybe you can answer another question I have. When the family had the tract surveyed to split the property among the three siblings, they did survey in a right-of-way. Being that the intended split did not occur, and that the land is now being sold as one 30 acre tract, is the right-of-way still "valid?"

If so, is there a way to remove the right-of-way if it is not necessary for access to the parcel I'm selling?

Sorry for all the newbie questions...I'm not land saavy.
 

seniorjudge

Senior Member
...

If so, is there a way to remove the right-of-way if it is not necessary for access to the parcel I'm selling?

...

No, ASSUMING that it was an ROW created by the parties. ("We'd like a road right here!") And NOT an ROW that was existing before the survey was done.
 

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