Right of Way?

Question

I have 3 acres of land that I would love to build a house on. The only problem is I am land locked. There is no drive way or right of way to the property. Someone point me in the right direction PLEASE

Answer 1

You don't have to do anything. Whenever a piece of land is landlocked, an implied easement known as an easement of necessity is automatically created without you having to do ANYTHING- this is why it is an implied easement, but it has the same force of law as an easement that is recorded with the county clerk and recorder. So, don't worry about not having access to your land.

The question of which piece of land will become the servient parcel is another story. The owner of the most obvious choice might put up a fight that will cost time and money- even if you would be victorious. This is where you would need to start searching the county records and probably get a RE atty involved as well as contacting the neighbors to give them notice that you will start using easement of necessity.

Answer 2

If you can not work out a purchase of an easement from the neighbors you will need to go to court and file for an easement by necessity and you will then pay the neighbors what the land you are taking for the easement is worth and most likely based on an appraisal.
Get a legal beagle to help you in the negotiations for the easement and they can explain to your neighbors why it is less expensive to negotiate out of court since ultimately you can not be landlocked, but you also can not take property without just compensation to your neighbors.
Best of luck to you

Answer 3

You should do some double checking. Most states provide for this situation. I am not sure if it has a special name but property owners surrounding you cannot deny access. It does not have to be the most direct, but it does have to be accessable.

You should also check at the county recorders office and look at the survey of your property and the surrounding properties. There may already be a path identified as future access.
You should go ahead and plan your building. When the owners find out that they MUST provide access they might be more willing to work with you.PP

Answer 4

You do not have to pay for an easement. Ask the city planners for a copy of lay out (forgot the right word!). The easement should already be drawn on one somewhere. Usually it is whichever angle is best for the fire department to use.

Either way you are entitled to a 12 foot wide driveway from the main street.

This is federal law and does not depend on your state, although your state may give you more.

Answer 5

Go to each person on either side of you and ask to purchase the land needed for a drive, like 30' here 30' there, it will all be worth the money. Check with the building codes before you do anything tho to make sure you have enough to do so. If they offer it free, don't take it, buy it for a $10.00 and get a deed to each side.

Answer 6

Talk to an attorney or a Realtor and ask about creating an easement, from my understanding there are a few creative ways on establishing an easement to your property if you are landlocked. Good luck