Divorce and landlocked land

[Ahorne08]

Florida
I just recently just went through a divorce. I was ordered to pay my ex half the value of my land. Turns out the property is landlocked. Can I get is appraised at the landlocked value and pay that or do I have to get an easement done then pay? It lowers the value if it is landlocked.

 

[Zigner]

Florida
I just recently just went through a divorce. I was ordered to pay my ex half the value of my land. Turns out the property is landlocked. Can I get is appraised at the landlocked value and pay that or do I have to get an easement done then pay? It lowers the value if it is landlocked.

You only just discovered this? That is not believable. In any case, the property will need to be independently appraised to find its value. There is no "landlocked vs non-landlocked" value - it simply is what it is.

 

[adjusterjack]

I was ordered to pay my ex half the value of my land.

Was an amount specified in the decree? If yes, then it doesn't matter anymore.

If no, then get an appraisal as is. Send her a list of appraisers from google and ask her to pick one at random. That way she won't be able to accuse you of chicanery.

 

[Zigner]

Was an amount specified in the decree? If yes, then it doesn't matter anymore.

Good point.

 

[Ahorne08]

It

Was an amount specified in the decree? If yes, then it doesn't matter anymore.

If no, then get an appraisal as is. Send her a list of appraisers from google and ask her to pick one at random. That way she won't be able to accuse you of chicanery.

No it was not specified. We contacted an appraiser that she wanted. When we did he said he had to contact her lawyer and verify. Then he said he could not give us the landlocked value he would have to appraise it as market value. But it doesn't say in our divorce papers that it has to be market value, it says the value of the land at the time of the divorce. We have talked to a few appraisers and the say landlocked land is significantly cheaper than market value

 

[adjusterjack]

We have talked to a few appraisers and the say landlocked land is significantly cheaper than market value

That doesn't make any sense. Market value is what a willing buyer would pay to a willing seller. Market value is (or should be) based on the quality and characteristics of the land. The market value of a lot that is landlocked should be less than the market value of a lot that isn't landlocked, bit it's still market value.

Somebody is either confused or BSing you.

Try this for shits and giggles. Look up your lot on Zillow. See what the Zestimate is (yeah, I know, but this is for shits and giggles, remember). Then look at the Zestimates for the other lots in the area and compare the value per square foot (or per acre) between landlocked lots and non-landlocked lots. Better if you can find lots of either or both types that have sold in the past 12 months.

You might also talk to several real estate agents, pretend you want to sell, and ask for a market analysis. You'll get that for free.

If your relationship with your ex is cordial see if she would agree to fixing a price with the above information.

What are we talking here? Thousands, tens of thousands, hundreds of thousand?

Do you have the cash to pay her in full? If yes, and she needs or wants cash now, you are in a strong position to negotiate a favorable outcome. Money talks.

If she doesn't want to put an end to this tell her to pick her favorite realtor and you'll sell the property and split the proceeds with her. Then there won't be any argument about how much the property is "worth."

 

[Zigner]

Market value is what a willing buyer would pay to a willing seller.

In an "arms-length" transaction.

 

[LdiJ]

I would be a bit surprised if there wasn't already an easement somewhere. If the land was ever under common ownership with other lots around it there is a good chance that there is.

 

[Zigner]

Florida
I just recently just went through a divorce. I was ordered to pay my ex half the value of my land. Turns out the property is landlocked. Can I get is appraised at the landlocked value and pay that or do I have to get an easement done then pay? It lowers the value if it is landlocked.

I see that your actual question wasn't addressed. You don't have to create an easement where none exists.

 

[FarmerJ]

So you now have a written appraisal for this property of your own ? and if so how much of a difference is there between a parcel with access ( meaning a driveway of its own or a properly recorded easement over another parcel someone else owns that connects to a public owned road such as a state /city/ county/ township road ) vs a parcel that is landlocked ? IF you do then perhaps your going to have to have a lawyer explain her via a letter the financial difference.

 

[adjusterjack]

I would be a bit surprised if there wasn't already an easement somewhere.

I would hope that someone would check for that before buying landlocked land.

 

[FarmerJ]

To my north there was a 40 acre Virginia and Jewel had their home at, it is on the county road. Behind them two parcels , one of which was another 40 acre and the other a 80. The 40 was sold ( I think both might have been tax sales or perhaps the owner died and family sold them,. ( BUT the old couple , Virginia and Jewel told me he got it quite cheap but they sold to him 2 acres of the east side of their parcel to create a driveway on because his was landlocked and had no other access and it made sense to sell him those two acres for enough to cover the legal work to related to changing it all rather than getting into a legal fight by saying No. I do also see county property tax sales list every year for the county I work in and there seems to be at least one parcel every year listed as landlocked. ( Sometimes I wonder when a property is taken via property tax foreclosure or some other reason where they have less than angelic feelings about it and refuse to cooperate with granting a easement after its sold?