landlocked and looking for advice

[lisalu]

I am in NY state. I posted a previous question, but would like to rephrase it. We purchased land that seems to be landlocked. I have done a great deal of research and found that this piece of land was seperated from another piece of land about 1900. Both pieces of land were owned by a father and given to two daughters. Is this any implication that an easement should come from this piece of property? If so, anyone interested in some beautiful land in the adirondacks? Thanks in advance for your help!!

 

[seniorjudge]

Generally, land cannot be landlocked. You can sue out an easement and the court will give you a way out; it may not be the way you want, but at least you have a way out.

BUT (and again this is exceptionally general) if one piece of your land touches a public roadway or other easement, even if your land there is a sheer cliff, you do have access.

You must see a real estate attorney in your state for specific and correct answers to your questions because what I've told you is general and oversimplified.

 

[lisalu]

No piece of our land touches a roadway. There is a logging road that goes through their land to ours though.

 

[seniorjudge]

No piece of our land touches a roadway. There is a logging road that goes through their land to ours though.

There's your easement.

 

[lisalu]

Thanks for your reply!!

 

[seniorjudge]

Lisa, you are welcome!

 

[nextwife]

Don't know about your state, but in our state a property CAN be landlocked. But if it is, it was either acquired that way, or a past owner sold off his access. Sounds like your past owner sold off his access. You should have made the seller responsible to acquire access PRIOR to closing. Or you should have refused to close if you had no legal access.

Either way, if a property was purchased as landlocked (normally at a corresponding price reduction), it is not automatic that they are entitled to grab an easement through a neighbor's land IF none legally exists.

 

[efflandt]

I used to have northern WI hunting property that I did not realize had no recorded easement until I needed to sell it 12 years later and had already found a buyer. Apparently the "easement" (represented on an aerial photo by seller), had been specifically excluded by title insurance, and was only guaranteed by a company that was effectively the seller himself. This was discovered a year before my attempted sale when someone purchased 160 landlocked acres, and an adjoining neighbor offered to let him use our easement (which would be improved for logging). Not only did we not have an easement, but our properties were incorrectly marked, and that neighbor had to move his cabin from that guy's 160 acres.

The "easement" and measurement errors were apparently based on a 1910 survey for a highway (that never existed) and a verbal aggreement with the easement owner (now former owner). The current easement owners initially said we could use it, but would not put anything in writing. They later set a future date when they said they would lock us out. The buyer backed out at that point.

I thought there would be something like "right of emminent domain" where if we had been using an easement for years without protest, we could continue to use it. But no such protection in WI statutes, and "adverse possesion" does not apply to easements.

I ended up selling to a non-involved adjoining neighbor who is on a township road for my original purchase price (less attorney fees), which is ahead of where I would have been attempting to sue the seller (less more attorney fees). I guess I trusted him because I still have a plot of southern WI woods I bought from his partner years earlier (on a county highway).

 

[seniorjudge]

...I thought there would be something like "right of emminent domain" where if we had been using an easement for years without protest, we could continue to use it. But no such protection in WI statutes, and "adverse possesion" does not apply to easements....

http://www.news.wra.org/2004/June/Legal/Legal_0604Story3.asp
http://wsll.state.wi.us/topic/realprop.html

Whoever gave you that information was incorrect.

 

[efflandt]

seniorjudge, I was aware that government in WI could be petitioned for a way in if property was truly landlocked, but not if there was any easement at all, however poor it was. The easement actually described in my deed was miles from the south across bog and a creek (difficult to decipher due to rectangular sections with goverment lots).

Since we initially had verbal permission to use the 3/4 mile route from the north, that ruled out prescriptive easement or adverse possession of that path. And entering the then future locked gate would have been tresspassing (entering fenced, posted or agriculteral land without permission). The only other owner of reasonable path from the north was also unwilling to negotiate.

I could not guess my share of cost to improve the route from the south and bridge the creek, or petition and be assessed for a 3/4 mile township road. But I needed the sale to jump out of a credit card hole without losing any more money.

 

[nextwife]

I have seen title commitments on such northwoods landlocked old logging/hunting lands contain an exception when the property has no legal access. The property must either be contiguous to a public road OR have a RECORDED/RECORDABLE easement, else the commitment will specifically state that there is no coverage for lack of access. If the party then proceeds, it is up to them to purchase/arrange access.

That is why it is so important to not only obtain a title commitment prior to purchase, but to actually review it! And deal with such issues BEFORE completeing the purchase.

 

[seniorjudge]

I have seen title commitments on such northwoods landlocked old logging/hunting lands contain an exception when the property has no legal access. The property must either be contiguous to a public road OR have a RECORDED/RECORDABLE easement, else the commitment will specifically state that there is no coverage for lack of access. If the party then proceeds, it is up to them to purchase/arrange access.

That is why it is so important to not only obtain a title commitment prior to purchase, but to actually review it! And deal with such issues BEFORE completeing the purchase.

I agree.....

 

[HomeGuru]

I thought there would be something like "right of emminent domain" where if we had been using an easement for years without protest, we could continue to use it. But no such protection in WI statutes, and "adverse possesion" does not apply to easements.

**A: the only entity that would have a right of eminent domain would be the government through the act of condemnation.