Land-locked?

[lisalu]

I am in NY state. I purchased property that appears to be land-locked. I have traced the deeds back to the very early 1900's and found that my piece of property was seperated from the neighboring piece by a father who gave one piece to one daughter and the other piece to another daughter. In the past it was used for a wood lot. The public road comes almost to my land on the side where the "sister's" land is. I have talked to this person about a right a way and he is not interested in giving it (or selling it) to me. What can happen if I just use this as access to my property. Won't he actually have to prove that I don't have access if he wants to stop me? I was thinking this may save me the legal fees involved, if I let him prove I don't have the right to acccess it. What are your thoughts on this?

 

[Florid-aise]

I am in NY state. I purchased property that appears to be land-locked. I have traced the deeds back to the very early 1900's and found that my piece of property was seperated from the neighboring piece by a father who gave one piece to one daughter and the other piece to another daughter. In the past it was used for a wood lot. The public road comes almost to my land on the side where the "sister's" land is. I have talked to this person about a right a way and he is not interested in giving it (or selling it) to me. What can happen if I just use this as access to my property. Won't he actually have to prove that I don't have access if he wants to stop me? I was thinking this may save me the legal fees involved, if I let him prove I don't have the right to acccess it. What are your thoughts on this?

Only as a tactical ploy. Your continued and constant use of the lands in question may trigger the other owner to file suit against you. Even so, legal fees would still be expended by you if you had an attorney. Which in all fairness may not be such a bad idea.

 

[seniorjudge]

I am in NY state. I purchased property that appears to be land-locked. I have traced the deeds back to the very early 1900's and found that my piece of property was seperated from the neighboring piece by a father who gave one piece to one daughter and the other piece to another daughter. In the past it was used for a wood lot. The public road comes almost to my land on the side where the "sister's" land is. I have talked to this person about a right a way and he is not interested in giving it (or selling it) to me. What can happen if I just use this as access to my property. Won't he actually have to prove that I don't have access if he wants to stop me? I was thinking this may save me the legal fees involved, if I let him prove I don't have the right to acccess it. What are your thoughts on this?

You need to hire a real estate attorney.

Most states do not allow land to be landlocked. You may sue to get an easement. Check your state laws.

 

[Florid-aise]

You need to hire a real estate attorney.

Most states do not allow land to be landlocked. You may sue to get an easement. Check your state laws.

I have a theory SJ. That there is more landlocked land in this country than there is highway, road or street frontage land. Sound reasonable?

 

[seniorjudge]

I have a theory SJ. That there is more landlocked land in this country than there is highway, road or street frontage land. Sound reasonable?

Let me run my database of all recorded deeds for the whole country for the last three centuries, okay?

Check back with me close to the end of this century....My computer is very slow.

 

[Florid-aise]

Let me run my database of all recorded deeds for the whole country for the last three centuries, okay?

Check back with me close to the end of this century....My computer is very slow.

What on Earth are you meaning? It took me that long to come up with the theory.

This is gonna be harder than I thought.

 

[rutica]

did you have a real estate agent? did you have a closing attorney?

do you have a mortgage? if so, didn't the mortgage company require you to have a land survey before purchasing the lot?