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Buying land locked land.

woodchuck

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woodchuck Newbie

woodchuck

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A piece of land is coming up for sale but it's landlocked. There are no right of ways to this land. Anyone have any experience with this situation? I would like to buy it because it's cheap but obviously need access. If landowners won't give access is there anything legally that can be done? Just looking for people who have dealt with this situation to give me some insight as to how they got access

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growalot Newbie

growalot

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There was a whole thread on this last year..I think Biz's post.

On a personal note...our mechanic is going through a court case right now...where someone bought land locked parcel...up here,from LI... and is trying to force them to give right away. This is a complicated one though...guy has money and a local clerk may have ,been persuaded to file some, not so  kosher paperwork...

There are ways to get it...just depends on how badly you want it...Go to the surrounding land owners with a strip purchase offer or a life right away cash offer.  Get something in writing before buying.

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Critter4321 Newbie

Critter4321

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access is your real concern understandingly getting a easement from your surrounding land owners is a start but that can get sticky quick. you would no doubt need a attorney to write out the agreement, is there any a joining land owners willing to sell a easement or right away to the properties?

    I speak from experience people tend to change there mind quickly about letting others cross their property especially when hunting is involved!!

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Four Season Whitetail's Newbie

Four Season Whitetail's

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You have to remember that most of those landowners that border that property want it also. It may go for more than its worth or if you overbid the guy that wants it and then ask him for access to it? Better get the checkbook out. 

Then again you may get lucky and nobody wants or can afford the land at this time.

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hunter49 Newbie

hunter49

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   We bought 48 ac. of land locked property just 2 yrs. ago. We have a 16' wide easement across the neighbors property up into our land about 1/2 mile up to the top of the hill.  I know the big problem was our lawyer wanted it stated in the contract with the owner of the easement property, that it said the words  "ingress & egress easement" which I believe means even if the easement property owner was to sell his land we will still have the right to use this easement/right of way, as long as we own the land locked property.  This was also stated this way in the old owners contract that sold us the land locked property.  I hope this might help you out!  Also, seeing that the property is land locked (undesirable to many) you should be able to get it at a lower price, we did.  Another neighbor was interested in it because it border his land, but wanted it for pennies!  Good luck!

   One other problem we noticed is, being landlocked it seems the old neighbors shall we say," get confused" and end up on the property.  I also think it gets well used/crossed when we are not there.   The border lines are well marked with painted trees & bright orange plastic pvc. at the corners,  but we do not post it. being new to the area we don't we to be the "nips" from the city", but we may put up a few just to let people see the property lines.  Just something to think about.

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armkb Rookie

armkb

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A piece of land is coming up for sale but it's landlocked. There are no right of ways to this land. Anyone have any experience with this situation? I would like to buy it because it's cheap but obviously need access. If landowners won't give access is there anything legally that can be done? Just looking for people who have dealt with this situation to give me some insight as to how they got access

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You will need to go to the county clerks office and check the current deed of the property your considering. Look for any recital of an easement of access for ingress and egress. If its not on current deed search the property and go back at least 40-60 years looking for a recital of an access easement.

If that doesnt turn up anything then you should do the same for any adjoining parcel to see if they are subject to an easement for access to your parcel. Also check filed maps and survey and tax maps.

If you have physically walked the property and found a road or trail that gives access to your parcel but there is no record of it officially in the records and no adjoining owner is willing to give you an easement then you would have to get the courts involved. No land in New York state can be legally landlocked. An adjoining owner must be willing to grant it or a court will do it.

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  • 4 years later...
Farflung Collaborator

Farflung

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what armkb says is true that no land in NY state can be landlocked. But sometimes you pay "heck" (and a bunch of $$$) to get the row established. Lot of real property law and precedent is involved, going back to common law. Usually involves research to determine what the origion is in regards to how the patent and lots were derived. Very complicated. You should do a deed search to find how this property originated (devolved) and then consult with a real estate lawyer that is sharp on r.o.w.'s. Lots of times the short distance from a public road is not where legal access exists. And using a r.o.w. often establishes it permanently. Also check old atlases, maps showing postal routes and old county highway maps.

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mowin Veteran

mowin

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11 minutes ago, Farflung said:

what armkb says is true that no land in NY state can be landlocked. But sometimes you pay "heck" (and a bunch of $$$) to get the row established. Lot of real property law and precedent is involved, going back to common law. Usually involves research to determine what the origion is in regards to how the patent and lots were derived. Very complicated. You should do a deed search to find how this property originated (devolved) and then consult with a real estate lawyer that is sharp on r.o.w.'s. Lots of times the short distance from a public road is not where legal access exists. And using a r.o.w. often establishes it permanently. Also check old atlases, maps showing postal routes and old county highway maps.

Did you realize this thread is 4 yrs old?  

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cas Enthusiast

cas

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Yes...  but we won't tell you, there's too much competition now. ;)

Old or not, this is valuable info. The tax auctions seem do be dominated my real estate brokers with money to spend, then quick flips. 

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