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Talk my brother into buying 50 #8292721 06/12/21 08:33 PM
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huntindude Offline OP
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Acres adjoining our family property. We have had permission to hunt this place for the last 12 years. Killed some nice animals too. Recently the land owners decided to sell. 9 total owners. Right now I can’t afford.
The whole property is 100 acres that is going to be up for sale at 3500 per acre. With nothing on it and no mineral rights. No water or electricity, but does have an exemption. It does have a gas row.
The 50 that we hunt on is separated by a 20- 30ft deep and 100ft wide creek. That is the only legal easement onto the 50 that we hunt on. There is no bridge no nothing to have access to both sides except footing it which is a challenge. The 50 that we hunt stays wet from December - June. It’s in a flood zone. Before we bought the property we are on now the POA used to enter the 50 acres through our property. Only because he knew the owners at that time. The POA has had no way of entering the 50 acres except crossing through the creek in 15 years. Thus the 50 is landlocked. Last week he offered 2000 per acre. Closing and surveying on us. 2 years ago I would have jump on it.

Please fill free to ask question because this is very confusing and list pros and cons. Thanks

Re: Talk my brother into buying 50 [Re: huntindude] #8292872 06/12/21 11:54 PM
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Will the remaining 50 acres be landlocked and therefore unsellable for him in the future ? Does your brother even want to buy it? Can he afford it?

These are the questions I would ask


Also, money is cheap to get right now. If you have 20% of the sales price in cash go talk to capital farm credit, but you will need legal access for them to lend on it.


For it is not the quarry that we truly seek, but the adventure.
Re: Talk my brother into buying 50 [Re: huntindude] #8292942 06/13/21 01:24 AM
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Let's seeeeee --- 9 owners own 50 acres------ a creek is a legal easement ------- BUT the 50 is landlocked, so there is no easement. The family property is 100 acres and up for sale ------------- soooooooooo you want to sell the family 100 acres and buy the landlocked 50 acres that 9 people own and adjoin your 100 acres. I highly suspect my wife wrote this for you.

Re: Talk my brother into buying 50 [Re: huntindude] #8293196 06/13/21 01:03 PM
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With current land prices, I don't see how anyone but people moving to Texas are buying. The locals around here have almost been priced right out of buying land. It's just wild and sad that young residents can't afford land. Next will be the interest rates taking off. Hold on, it's coming.


One shot is all it should take.
Re: Talk my brother into buying 50 [Re: huntindude] #8293233 06/13/21 01:57 PM
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The key point as I understand it is that the 50 adjoins property you already own.
If you buy it, it will not be landlocked. Otherwise it would be landlocked.
Puts you in a unique buying position. If you enjoy it, knock yourself out.
$2000 an acre for "recreational" property in Trinity county sounds fair under the circumstances.
Given time, the creek crossing is not insurmountable.
Good luck on your offer.

Re: Talk my brother into buying 50 [Re: MrMadMac] #8296615 06/16/21 08:46 PM
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Originally Posted by MrMadMac
The key point as I understand it is that the 50 adjoins property you already own.
If you buy it, it will not be landlocked. Otherwise it would be landlocked.
P


If the tract does not have its own legal access it is landlocked. Buying 50 acres that has no access that adjoins your parents place does not give the tract legal access, unless they are willing to grant an easement/sell you a lane.


For it is not the quarry that we truly seek, but the adventure.
Re: Talk my brother into buying 50 [Re: huntindude] #8296735 06/16/21 10:35 PM
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Well, an access easement would be necessary if the family wanted to sell either property separately in the future.
As long as the family has the contiguous properties, access would be a given, I assume.
On second thought, get the access easement at the earliest opportunity.
One never knows how family relations can explode with an inheritance.
This is the voice of experience.

Re: Talk my brother into buying 50 [Re: huntindude] #8299405 06/19/21 10:16 PM
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Look up Prescriptive Easement, Appurtenant Easement, Servient Easement and Dominant Easement. There are also Easement by Necessity. You can add an easement to a deed. There can also be an implied or express easement created, but you (or the next owner) would need a Declaratory Judgement to claim it. You can get a Real Estate Broker or his/her Agent to help write this and the Title Company will take care of the legal processes (for a fee). I believe a Registered Texas Landman might be able to help and you can get an attorney to write one. In most cases, it will require an existing or new survey. It is not a particularly difficult process for someone in the land planning/development/real estate business that deals with Unimproved Property and Farm and Ranch. My company is a little too far to be able to adequately help you, but someone in that area can do this.

Last edited by JABHunting; 06/19/21 10:18 PM.
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