? On landlocked land

[luberhill]

This ??

 

 

[Steuben Jerry]

12 minutes ago, luberhill said:

This ??

 

 

In my case, that didn't work for them as neither I or the neighboring properties were ever part of those parcels. They are big parcels too, totaling 118 acres. I and the surrounding landowners consider it a big sanctuary.

[Steuben Jerry]

35 minutes ago, luberhill said:

Well for sure he is getting different info from his attorney 

Their attorney claimed he would be successful too. And he was, he successfully chiseled $20k out of an older couple.

[phantom]

6 hours ago, BowmanMike said:

Nope,you need to access it legally. If there is no right of way you need adjacent landowners permission.

If you can't get that you can't access the state land.

Interesting and surprising you would think a democratic state like  NY would would provide  public accesses easements to all there state land even if its land locked , or something for people to get to it  issue special permit or what ever  for access .

[moog5050]

I said earlier it was complex.   It requires knowledge of how the property became landlocked, who owned it during the transactions leading to that, and how it was accessed.   If you really want to understand the issue, look to pages 107-110 on the attached summary and it is only a summary.  

https://nysba.org/NYSBA/Coursebooks/Spring 2014 CLE Coursebooks/Practical Skills Easement Law in New York/2Outline-EasementLawinNewYork.pdf

And, I will say, whatever you think your rights are when trying to obtain an easement, it won't be cheap to litigate it.

[luberhill]

9 minutes ago, moog5050 said:

I said earlier it was complex.   It requires knowledge of how the property became landlocked, who owned it during the transactions leading to that, and how it was accessed.   If you really want to understand the issue, look to pages 107-110 on the attached summary and it is only a summary.  

https://nysba.org/NYSBA/Coursebooks/Spring 2014 CLE Coursebooks/Practical Skills Easement Law in New York/2Outline-EasementLawinNewYork.pdf

And, I will say, whatever you think your rights are when trying to obtain an easement, it won't be cheap to litigate it.

This guy has deep pockets and the surrounding owners do not ..

[Geno C]

Waiting for my attorney to call me back, he represents all of my real estate dealings personally.. His paralegal is on vaca so hes swamped at the moment but I have to talk to him today anyway. Ill advise what he says.

[Nomad]

You may enjoy this true story . We’re hunting in Montana , there’s a piece of BLM land that on the map looks, promising ,so we hunt it . We’re driving on the dirt road when two guys on horses ride up, one claims we’re on his land ( he’s a ,large rancher ) my friend an attorney who lives in the West and knows BLM land and access well , says well from those power lines for a mile that way is BLM land.

Mr Big Rancher says but you had to cross my land to get here , my buddy says yes it’s easement to necessity, but we agree to leave , we were anyways .

Now when we reach the town roads there’s a ranger station of some sort, so we decide to ask them if things are somehow different in Montana .

We tell the green uniform guys our story, one says did he shoot at you ? No . Well consider yourself lucky , he says .

Edited February 18, 2021 by Nomad

[biggamefish]

Your best bet would be to research the lands back deeds to find out if an easement was ever provided. These will get left out of deeds by accident when the land changes title sometimes. Don't rely on a title search either. 

[luberhill]

8 hours ago, Geno C said:

Waiting for my attorney to call me back, he represents all of my real estate dealings personally.. His paralegal is on vaca so hes swamped at the moment but I have to talk to him today anyway. Ill advise what he says.

Thanks

[TLR]

On 2/16/2021 at 4:30 PM, luberhill said:

I was told in NY state you can’t landlock land anymore ..

and if you own a pc that was landlocked that the owner of the adjacent property HAS to by law give you a right of way across his land to access your land !

You were told,wrong  adjacent property owner does not have to grant you an easement unless one had already been granted  or it is a deeded,row 

No such law in NY forceing a land owner to grant access across their  land. (Just,went through this not that long ago ) but I'm sure the lawyers,in NY will gladly take your money just to tell you  no such law exsist.

[phantom]

On 2/16/2021 at 6:30 PM, luberhill said:

I was told in NY state you can’t landlock land anymore ..

and if you own a pc that was landlocked that the owner of the adjacent property HAS to by law give you a right of way across his land to access your land !

Did you try and  just offer him money to get easement rights. Probably be cheaper then fighting him in court where you could lose anyway.  

 

Edited February 26, 2021 by phantom

[TLR]

On 2/18/2021 at 8:07 AM, Nomad said:

You may enjoy this true story . We’re hunting in Montana , there’s a piece of BLM land that on the map looks, promising ,so we hunt it . We’re driving on the dirt road when two guys on horses ride up, one claims we’re on his land ( he’s a ,large rancher ) my friend an attorney who lives in the West and knows BLM land and access well , says well from those power lines for a mile that way is BLM land.

Mr Big Rancher says but you had to cross my land to get here , my buddy says yes it’s easement to necessity, but we agree to leave , we were anyways .

Now when we reach the town roads there’s a ranger station of some sort, so we decide to ask them if things are somehow different in Montana .

We tell the green uniform guys our story, one says did he shoot at you ? No . Well consider yourself lucky , he say

Just moved back to NY after spending 15 yrs in Montana  and there is no such law in Montana,as,an easement of necessity anywhere in Montana,              Montana,has more landlocked federal lands that are not accessible to the public then any state in the u s.               And the new govonor of MT IS only gonna,make it worse for landlocked public lands 

I'm surprised the rancher didn't have you arrested  Montana is becoming a pay to play state when it comes,to hunting          

 

[phantom]

1 minute ago, TLR said:

Just moved back to NY after spending 15 yrs in Montana  and there is no such law in Montana,as,an easement of necessity anywhere in Montana,              Montana,has more landlocked federal lands that are not accessible to the public then any state in the u s.               And the new govonor of MT IS only gonna,make it worse for landlocked public lands 

I'm surprised the rancher didn't have you arrested  Montana is becoming a pay to play state when it comes,to hunting          

 

Do you know How much are they charging people to get access to landlock public in Montana  ? 

[luberhill]

30 minutes ago, TLR said:

You were told,wrong  adjacent property owner does not have to grant you an easement unless one had already been granted  or it is a deeded,row 

No such law in NY forceing a land owner to grant access across their  land. (Just,went through this not that long ago ) but I'm sure the lawyers,in NY will gladly take your money just to tell you  no such law exsist.

Well if one had already been granted their would be no need to grant another,

I spoke to my own attorney and he said it’s true , he will be able to gain access across one of the adjacent landowners propertys

You can landlocked land in NY anymore ...

So I guess we shall see   

[escpen]

How did this work out?

[luberhill]

He never pursued it any further 

[escpen]

He never pursued it any further 

Dang - there’s a very reasonably priced parcel that I am interested in purchasing, but there is no legal access. There is public land on the north side, so I could access through there, but that would be a heck of a hike. The current owner hasn’t been to the property in several decades, so access was not important to him. I guess I’ll have to do some cold calling to adjacent landowners to gauge their appetite for an easement.


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