Four years ago my Dad died and left his assets to 6 children through a trust in the state of ARkansas. The majority of assets were distributed the first 2 years. One piece of land remains that is seemingly land-locked--the adjacent neighbor will not allow access, and none of us can found the legal access road to the land. Our attorney will not help...it seems he just wants to continue to draw out this trust. My sister, the trustee, lives 350 miles away, and chooses to do nothing...HOW CAN WE GET THIS TRUST FINISHED? I am concerned that 10 years from now I will be paying attorney fees to pay the property taxes on this land.
Please give me a direction to get started.
2007-09-30 12:01:50 · 3 answers · asked by KCloud 1 in Business & Finance ➔ Personal Finance
Don't give up that land too fast.
First, see if there is a recorded access easement. You can check the county recorder's office yourself, or have a title company do a title search.
If there is no recorded easement, there still may exist an implied easement by necessity. Such an easement will automatically exist when the only access to the landlocked parcel is through land retained by the grantor of the parcel. For instance, in your situation, if the landlocked parcel originally was part of a larger parcel owned by the adjacent neighbor, and the only access is through the neighbor's parcel, then a court will automatically find that there is an easement of necessity from your parcel through the neighbor's.
Or, you can buy an easement from your neighbor. Offer him a certain sum of money to create an easement from your landlocked parcel through his.
Contact a local property attorney for more information. He will be able to offer additional suggestions.
2007-09-30 13:04:16 · answer #1 · answered by Mr Placid 7 · 1⤊ 0⤋
Check with county and state. Land should not be land locked. Access should not be denied. A access called a easement should have been planned at some point. If the neighbor won't allow access, he may be hiding the fact that he knows about the easment. Get a land tract map from the county office. Get a different lawer. Sell the land to the state if there is NO WAY that you can get access. Don't let the lawer and county use up all the money then take it. Maybe the lawer and landowner neighbor are planning just that. I live in Ohio and I know there are different rules, but I live on such a piece of land and the easment although still owned by the neighbor is my driveway.
2007-09-30 12:24:17 · answer #2 · answered by Worker Drone 4442002 2 · 1⤊ 0⤋
Seek new and independent counsel .
( specializing in RE trusts )
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2007-09-30 12:07:56 · answer #3 · answered by kate 7 · 0⤊ 0⤋