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elberthavard | If i own landlocked property and cant get on the property can i make the government buy it? |
i own 12 acares of land. there is a driveway that connects to the land but it is emenent domain property my deed says i have no easement unless the property owner next to me will grant me easement there is a trailer court next to me that i have called and they give me the run around that they have to contact their investors to see if they will grant me the easement that i need and they dont know when they can get them all together to discuss it. they said maybe when they refinance their property they can give me an answer that would be the only time they could do it .they told me i would be better off trying to get a variance so how would i go about getting a variance or can i force the trailer court to sell or give mean easement . this property has been in the family since 1961 and i have been using the emenent domain drive since 1961 i would like to build a house on the property can anyone give me some answers? or suggestions i have paid a lot of taxes on the property and im getting upset when all i can do by law is stand at the top of the road and just look at it |
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Landlord
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You can't force us (tax payers) to buy your land.
I would talk to the city or county planners (whoever handles that plot) and have them figure out how to get to your land. There is more then one side, there should be more options then the trailer park. |
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Wounded Duck
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Get a lawyer. |
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Earl s
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talk to a real estate atty, no you can't make the government buy it. |
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ananamas
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You need a good real estate lawyer. |
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doodlebug
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Contact a real estate attorney where the property is located. They can and will tell you exactly what you need to know and do. |
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maxmom56
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You need to bite the bullet and retain an attorney who specializes in real property. |
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acermill
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You need to engage a qualified real estate attorney to represent your interests. No, the government won't buy your property just because you are landlocked. I am not sure what you mean by 'eminent domain property' on which your previous access was located. |
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efflandt
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What state (or country)? In some states you might be able to get a prescriptive easement (web search that) if a route has been used to access the property over a certain period of time and you have no other access.
When I had an easement issue in Wisconsin I learned that you could petition the county for a roadway if you were truly landlocked. But that could be expensive because you would end up paying for the road. And you could not do that if you had any easement at all regardless of how difficult it was to access. It is currently illegal to create landlocked property in WI when subdividing it. Laws vary elsewhere.
What is on the other 3 sides of your property and have you approached anyone else around you about an easement? |
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Rick T
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or you can go to the building and safety department in your town and ask how to obtain a variance. Or go get an attorney. |
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Heather
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You need a lawyer, oddly enough this summer I was sued by a landowner in a landlocked situation. Where I am, there are 4 property owners, we share an easement (dirt lane) that's never been recorded and it has been used by all of us and previous owners for many years with no problem. Two of the landowners are truly landlocked and have no access through a public street. One of the owners who is truly landlocked, went to the court and got a "quiet claim" not a quick. For the sum of $15.00 the easement was quieted to the city, thus ending any potential disputes over ingress or egress. Come to find out, there was a house on his land at one time, it burned down, and he grandfathered in some way so he can build a home up there in spite of the fact the easement, or dirt road doesn't have the necessary 40 foot width. I am no legal expert and had never heard of a quiet claim before, looked it up, and there is was. Incidentally, his law suit was for no money, just the quieting of the claim. Hope this helps give you a starting point and good luck. |
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organizeyourbiz
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Expert Realtor is exactly correct. This is why you pay experts in their field to insure the property and make sure these things are done correctly.
You have the worst case scenerio as to purchasing property and not doing it right. Ofcourse they are going to give you a hard time, because it's not their problem but yours.
Sorry. |
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Expert Realtor
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Here is what created your problem:
1. You didn't do a property survey when you bought it.
2. You didn't get title insurance on the property.
By making the choice not to do these small measures to ensure you have access in and out of the property, you have flushed away alot of your legal rights.
Just because a property doesn't have a road doesn't mean that you are landlocked...landlocked property in the USA is very,very rare and it's more likely that you do have a right of way...but you'll need to pay for a survey to find it.
Once you have a survey and find the right of way, you'll have to build your own road at your own expense.
In the very, very rare instance that one does not exist, you can petitiion to the city/county for an "easement by necessity".
However, the state isn't going to buy it back from you....b/c that was a choice you made. |
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