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LAND LOCKED ACREAGE
#8531641
02/15/22 12:30 AM
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Joined: Nov 2005
Posts: 5,306
DLALLDER
OP
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OP
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Posts: 5,306 |
Question for the legal beagles. If a person has a tract of land that is truly land locked, does someone around that tract of land have to give an easement? What happens if it goes to court? I have been told both ways, Yes & No. Daniel
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8531645
02/15/22 12:35 AM
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Joined: Nov 2017
Posts: 19,241
Biscuit
THF Celebrity
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Joined: Nov 2017
Posts: 19,241 |
Good question , there’s a real cheap piece of land I saw on landsoftexas this weekend that says land locked, no easement.
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8531646
02/15/22 12:36 AM
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Joined: Jan 2012
Posts: 29,121
TXHOGSLAYER
THF Celebrity
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THF Celebrity
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Posts: 29,121 |
LETS GO BRANDON
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8531652
02/15/22 12:43 AM
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Joined: Nov 2018
Posts: 1,534
fishdfly
Pro Tracker
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Pro Tracker
Joined: Nov 2018
Posts: 1,534 |
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8531658
02/15/22 12:53 AM
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Joined: Aug 2015
Posts: 4,067
Pig_Popper
Extreme Tracker
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Extreme Tracker
Joined: Aug 2015
Posts: 4,067 |
Whenever you find the real estate attorney who gets this done for you and it’s a favorable solution - let me know the attorneys info.
I have some legal beagle stuff that needs doing at my place
Thanks
This space is For Sale - inquire within ...
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8531673
02/15/22 01:09 AM
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Joined: Jul 2019
Posts: 14,149
Hudbone
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Something completely land locked provides a diminished value for the taxing agent. Simply sure they will force access.
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8531676
02/15/22 01:13 AM
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Joined: Apr 2007
Posts: 60,414
BOBO the Clown
kind of a big deal
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kind of a big deal
Joined: Apr 2007
Posts: 60,414 |
Question for the legal beagles. If a person has a tract of land that is truly land locked, does someone around that tract of land have to give an easement? What happens if it goes to court? I have been told both ways, Yes & No. Daniel No, but you can appeal to the court for a easement by necessity, the courts “may” grant it if meets requirements. That's as far as my experience goes, with that said you may not able to get title insurance w/o an easement, so I've always stay clear
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8531678
02/15/22 01:14 AM
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Joined: Sep 2010
Posts: 6,320
Blank
THF Trophy Hunter
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THF Trophy Hunter
Joined: Sep 2010
Posts: 6,320 |
Only 3 ways to look at it, and gain any access. 1. Right of Way, 2. Easement, 3. Easement by necessity. Is it locked out by an owner that actually owned that same piece before. You can go to court and battle for Easement by Necessity, meaning there should have been an easement granted at time of sale. A regular Easement will allow you full access down said path, and you can do anything necessary on that easement, such as running water, sewer, electric, and gas line. You would typically buy that from the surrounding landowner for a hefty price. Last you go to court, and request a Right of Way judgement, and get access only to the property, and no other rights and privileges. Typically that only works for an established roadway that connects a public right of way back to the property. Every state is different, and courts can lean one way of the other to property owners rights. An experienced qualified real estate attorney is the only way to know for sure.
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8531696
02/15/22 01:36 AM
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Joined: May 2010
Posts: 1,275
cos
Pro Tracker
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County Judge might grant easement. And might not. Depends on the circumstances. I,m probabley going to find out first hand one of these days i figure.
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Re: LAND LOCKED ACREAGE
[Re: cos]
#8531804
02/15/22 03:52 AM
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Joined: Mar 2020
Posts: 650
booskay
Tracker
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Tracker
Joined: Mar 2020
Posts: 650 |
Great question, and great answers ------------- few posts on here are educational,,, this one ( and the answers) was. ( or is it were)
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8531816
02/15/22 04:13 AM
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Joined: Sep 2010
Posts: 6,320
Blank
THF Trophy Hunter
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Posts: 6,320 |
Couple other things for your consideration. RE lawyers can be expensive. Do as much groundwork as possible yourself. Talk to the County treasurers office. Get a list of previous owners and taxpayers. Interview them if possible. How did they access it in the past, and were there any prior agreements. A friend won a no-cost easement once because even VERBAL agreements can be legally binding in some cases. Look on Google maps at overheads of surrounding properties, look for older roadbeds or trails. Is there any utilities there now, and how did it get there?
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8531846
02/15/22 06:27 AM
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Joined: Mar 2010
Posts: 12,104
ntxtrapper
THF Celebrity
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8531947
02/15/22 01:35 PM
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Joined: Oct 2004
Posts: 22,429
Superduty
"The Regulator"
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"The Regulator"
Joined: Oct 2004
Posts: 22,429 |
Get a plane and parachute in, then cut you a helicopter landing field. Or hire an attorney, cost will probably be the same.
'It's Only Treason if You Lose."
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8531973
02/15/22 02:03 PM
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Joined: Aug 2021
Posts: 496
65x55
Bird Dog
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Bird Dog
Joined: Aug 2021
Posts: 496 |
Depending on the county, the county GIS website might provide some clues regarding options. I map easements (O&G and utilities mostly) for work, but I don't have to deal with securing them or anything thankfully, just follow what's already in the document.
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Re: LAND LOCKED ACREAGE
[Re: 65x55]
#8531979
02/15/22 02:11 PM
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Joined: Aug 2010
Posts: 60,296
stxranchman
Obie Juan Kenobi
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Obie Juan Kenobi
Joined: Aug 2010
Posts: 60,296 |
Depending on the county, the county GIS website might provide some clues regarding options. I map easements (O&G and utilities mostly) for work, but I don't have to deal with securing them or anything thankfully, just follow what's already in the document. Can you still access those same properties when you are not working or have quit your job?
Are idiots multiplying faster than normal people?
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Re: LAND LOCKED ACREAGE
[Re: stxranchman]
#8532059
02/15/22 03:34 PM
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Joined: Aug 2021
Posts: 496
65x55
Bird Dog
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Bird Dog
Joined: Aug 2021
Posts: 496 |
Depending on the county, the county GIS website might provide some clues regarding options. I map easements (O&G and utilities mostly) for work, but I don't have to deal with securing them or anything thankfully, just follow what's already in the document. Can you still access those same properties when you are not working or have quit your job? I map them virtually using surveyor notes/metes and bounds in documents, some of which are pretty interesting old ones referencing truck axles, cottonwood trees etc.
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8532104
02/15/22 04:15 PM
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Joined: Aug 2005
Posts: 31,897
txtrophy85
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The short answer is:
It can require lots of time at the courthouse and you have to be willing to go thru litigation.
Very, very few parcels in Texas are truly landlocked. Most have an access somewhere thru an easement but the route may have been lost to time and the property owners burdened by the easement are not in a hurry to reveal an access.
It’s alot to write here but if you want to discuss in depth pm me and I’ll give you my phone number
For it is not the quarry that we truly seek, but the adventure.
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Re: LAND LOCKED ACREAGE
[Re: txtrophy85]
#8532108
02/15/22 04:22 PM
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Joined: Nov 2005
Posts: 5,306
DLALLDER
OP
THF Trophy Hunter
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OP
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Joined: Nov 2005
Posts: 5,306 |
The short answer is:
It can require lots of time at the courthouse and you have to be willing to go thru litigation.
Very, very few parcels in Texas are truly landlocked. Most have an access somewhere thru an easement but the route may have been lost to time and the property owners burdened by the easement are not in a hurry to reveal an access.
It’s alot to write here but if you want to discuss in depth pm me and I’ll give you my phone number Thanks, got a call from realtor, parcel has been sold (contract on it). Thanks Daniel
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Re: LAND LOCKED ACREAGE
[Re: ntxtrapper]
#8532166
02/15/22 05:51 PM
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Joined: Jan 2012
Posts: 29,121
TXHOGSLAYER
THF Celebrity
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Joined: Jan 2012
Posts: 29,121 |
interesting. Thanks for posting
LETS GO BRANDON
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8532174
02/15/22 06:04 PM
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Joined: Oct 2013
Posts: 1,331
Dave Scott
Pro Tracker
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Posts: 1,331 |
I thought they had to give you some sort of easement.
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8532264
02/15/22 08:00 PM
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Joined: Jan 2012
Posts: 9,185
hook_n_line
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jan 2012
Posts: 9,185 |
Our neighbor who has the land which our easement goes through is always doing crap to block it or tries to keep it torn up to make it hard for us to pass. It's in our deeds so he usually has to undo whatever he does to block us, 3 of us have land off the easement that we maintain and he tears up.
Sometimes it's hard being me! But somebody has to do it.
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8532290
02/15/22 08:34 PM
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Joined: Sep 2010
Posts: 6,320
Blank
THF Trophy Hunter
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THF Trophy Hunter
Joined: Sep 2010
Posts: 6,320 |
That happened to some friends and they found a way to deed the easement to the County, who then annexed it and made it a County maintained right of way. When the plick tried to block it again, he was fined and charged reparation fees. That ended that quickly!!
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Re: LAND LOCKED ACREAGE
[Re: Blank]
#8532300
02/15/22 08:43 PM
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Joined: Jan 2012
Posts: 29,121
TXHOGSLAYER
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Posts: 29,121 |
That happened to some friends and they found a way to deed the easement to the County, who then annexed it and made it a County maintained right of way. When the plick tried to block it again, he was fined and charged reparation fees. That ended that quickly!! That was well played...
LETS GO BRANDON
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Re: LAND LOCKED ACREAGE
[Re: TXHOGSLAYER]
#8532302
02/15/22 08:47 PM
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Joined: Jan 2012
Posts: 9,185
hook_n_line
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jan 2012
Posts: 9,185 |
That happened to some friends and they found a way to deed the easement to the County, who then annexed it and made it a County maintained right of way. When the plick tried to block it again, he was fined and charged reparation fees. That ended that quickly!! That was well played... NIce!
Sometimes it's hard being me! But somebody has to do it.
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Re: LAND LOCKED ACREAGE
[Re: DLALLDER]
#8532333
02/15/22 09:33 PM
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Joined: Dec 2009
Posts: 9,808
The Dude Abides
THF Trophy Hunter
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THF Trophy Hunter
Joined: Dec 2009
Posts: 9,808 |
Why would anyone buy LL property knowing there could be potential "right of way" or access issues? Cheap price?
I am still looking for the perfect apron, one with reinforced knee areas would be perfect.
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