Easement Right of Way Necessary?

[Ozark_Sophist]

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.

If OP buys the entire 30 acre track and the ROW does not extend to any other property, he can extinguish the ROW.

To OP's original question, I bought property last year from a neighbor who sold me a tract that joined two sides of my property but did not include a ROW or access to a public road. Creation of landlocked tracks is not lawful in my state either, but since my tract has a deeded ROW and I am just expanding my lot size and not increasing the burden on the easement, we did not have to include a ROW/easement to the new tract.

Your state may be different. The best way to get accurate information is to talk to a title company. I would recommend you talk to a title company anyway before you bid on the entire 30 acre track as it appears there already has been litigation or threats of litigation for this property. Make sure the title is clear before you buy.

 

[RideRed250]

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.

There was an existing survey that defined the whole 30 acre tract without the ROW. A new survey was created with the 10 acre/parcel division, with the ROW defined from Tract 1 to Tract2. The deeds were never established to divide the land. Make a difference?

 

[jimmler]

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.

I am not in your area, and you would get a much more accurate answer on that from a local land surveyor and/or real estate attorney (The question really seems to be more for a lawyer). The suggestion to get a current title report is a good idea, to make sure there are not any surprises in store regarding the property.

Good Luck!

jimmler

 

[RideRed250]

Follow-up Question

I will be purchasing the aforementioned 30 acre tract of unimproved land for cash. I am going to have a title search performed prior to closing. Do I need to secure title insurance?

Thanks,
David

 

[154NH773]

Title insurance may be a good thing to have, and it is usually inexpensive. Check out what is insured. Many policies do not cover easement disputes, which seems to be one of your concerns.