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What does "obtain own access" actually mean?
#8645113
07/20/22 04:12 PM
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Joined: Jan 2022
Posts: 23
Soda4Rocky
OP
Light Foot
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OP
Light Foot
Joined: Jan 2022
Posts: 23 |
First time land leaser here, so this may be the dumbest question ever asked on this forum.
I saw a lease available that had in the details "must obtain own access". My question though is that the lease is right off of a county road..(the road actually runs through the land.) It doesn't seem like I would need to enter anyone else's property to actually access the lease. Am I missing something here? What is the actual meaning of "obtain own access"?
“Pain don’t hurt.” - Dalton
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Re: What does "obtain own access" actually mean?
[Re: Soda4Rocky]
#8645257
07/20/22 07:03 PM
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Joined: Jul 2014
Posts: 123
TX_Birddog1L
Woodsman
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Woodsman
Joined: Jul 2014
Posts: 123 |
If there is a county road that goes to the property and a gate or fence opening that is clearly used to enter the property then I would think you are good. That language may just be something left on their from a different property lease and they are using the lease form as your lease agreement template.
However, access to the property you are paying money to lease is obviously a very important detail; so if I where you I would bring this up to the Land Owner and have them outline for you what the actual legal access to the property is. If it is as you described then I would ask the LO to strike that language from the lease agreement before signing the lease.
Good luck, getting it straightened out.
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Re: What does "obtain own access" actually mean?
[Re: Soda4Rocky]
#8645620
07/21/22 04:20 AM
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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 |
My guess, simply a guess is that they own the land but have no deeded access to it. ...it is landlocked. Lot of land in Trans Pecos is like this.....owned by someone who does not have a deeded easement to it. Ranch I mule deer hunted on had sections of land like this inside their property.
Are idiots multiplying faster than normal people?
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Re: What does "obtain own access" actually mean?
[Re: stxranchman]
#8645651
07/21/22 10:06 AM
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Joined: Jul 2013
Posts: 5,138
tlk
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jul 2013
Posts: 5,138 |
My guess, simply a guess is that they own the land but have no deeded access to it. ...it is landlocked. Lot of land in Trans Pecos is like this.....owned by someone who does not have a deeded easement to it. Ranch I mule deer hunted on had sections of land like this inside their property. I agree that this is most likely the case - as stated above ask the LO to explain in detail in writing what he is referring to - good luck
You can't fix stupid
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Re: What does "obtain own access" actually mean?
[Re: Soda4Rocky]
#8645704
07/21/22 12:24 PM
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Joined: Dec 2007
Posts: 1,916
HornSlayer
Pro Tracker
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Pro Tracker
Joined: Dec 2007
Posts: 1,916 |
So when your dealing with a piece of landlocked property without deeded access would you have to negotiate with neighbors to get access?
They make ammo specifically for hunting for a reason!
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Re: What does "obtain own access" actually mean?
[Re: HornSlayer]
#8645711
07/21/22 12:31 PM
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Joined: Aug 2016
Posts: 7,930
Herbie Hancock
THF Trophy Hunter
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THF Trophy Hunter
Joined: Aug 2016
Posts: 7,930 |
So when your dealing with a piece of landlocked property without deeded access would you have to negotiate with neighbors to get access? Yes, because you'd be trespassing.
It takes beer to make thirst worthwhile - J. Fred Schmidt
The internet is an I.Q. Test, people post their scores in the comment section.
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Re: What does "obtain own access" actually mean?
[Re: Soda4Rocky]
#8645715
07/21/22 12:38 PM
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Joined: Oct 2012
Posts: 23,074
Creekrunner
THF Celebrity
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THF Celebrity
Joined: Oct 2012
Posts: 23,074 |
It wouldn't surprise me. From my brief experience looking at places to buy, some landowners/sellers/lessors are completely nutz as to what they think a buyer/lessee will accept or be willing to handle for them. Some people have no perspective outside themselves. They just want the $.
...and have dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth. Gen. 1:28
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Re: What does "obtain own access" actually mean?
[Re: HornSlayer]
#8645789
07/21/22 02:25 PM
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Joined: Jul 2014
Posts: 123
TX_Birddog1L
Woodsman
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Woodsman
Joined: Jul 2014
Posts: 123 |
Exactly. You would need to negotiate the use of a neighbors road/gate (potentially multiple depending on how land locked the property is, you may have to cross through multiple properties to get there)...it does not have to be a recorded easement (legal document) but you will want something in writing, signed by the landowner(s) allowing you to use his/her road/gate...
...if you have to go this route I would suggest you have the agreement valid for the same dates of your lease...but try to have it automatically renew in the event you renew your lease.
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Re: What does "obtain own access" actually mean?
[Re: Soda4Rocky]
#8645925
07/21/22 05:30 PM
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Joined: Nov 2014
Posts: 7,535
Mr. T.
THF Trophy Hunter
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THF Trophy Hunter
Joined: Nov 2014
Posts: 7,535 |
I would walk away from this in a heartbeat. It appears that the land owner can't get access to his own property, so how do you expect to.
Cabin rental in Pagosa Springs, Co. Sleeps 10, If interested please PM me.
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Re: What does "obtain own access" actually mean?
[Re: Soda4Rocky]
#8646041
07/21/22 07:24 PM
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Joined: Nov 2005
Posts: 5,228
DLALLDER
THF Trophy Hunter
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THF Trophy Hunter
Joined: Nov 2005
Posts: 5,228 |
A court of law can and will get him access to his property. I misread the op post. If leasing, like some one has said walk away till owner can prove to you access is available.
Last edited by DLALLDER; 07/21/22 07:27 PM.
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Re: What does "obtain own access" actually mean?
[Re: DLALLDER]
#8646157
07/21/22 10:59 PM
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Joined: Feb 2019
Posts: 75
GaryRI
Outdoorsman
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Outdoorsman
Joined: Feb 2019
Posts: 75 |
A court of law can and will get him access to his property. I misread the op post. If leasing, like some one has said walk away till owner can prove to you access is available. My real estate sales son in law tells me that in Texas a landlocked land owner has legal remedy by Texas law to get access but it will be a hassle.
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Re: What does "obtain own access" actually mean?
[Re: GaryRI]
#8647000
07/23/22 02:56 AM
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Joined: Sep 2010
Posts: 2,954
huntwest
Veteran Tracker
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Veteran Tracker
Joined: Sep 2010
Posts: 2,954 |
A court of law can and will get him access to his property. I misread the op post. If leasing, like some one has said walk away till owner can prove to you access is available. My real estate sales son in law tells me that in Texas a landlocked land owner has legal remedy by Texas law to get access but it will be a hassle. Very doubtful. It is extremely rare for a judge to grant access to landlocked property. And extremely expensive with a high likelihood of not winning the case. A landowner does not have to allow access to a landlocked property.
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Re: What does "obtain own access" actually mean?
[Re: Mr. T.]
#8649043
07/26/22 01:13 AM
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Joined: Jun 2006
Posts: 7,351
Dave Davidson
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jun 2006
Posts: 7,351 |
I would walk away from this in a heartbeat. It appears that the land owner can't get access to his own property, so how do you expect to. I would walk away from this in a heartbeat. It appears that the land owner can't get access to his own property, so how do you expect to. Agree 100%
Without a sense of urgency, nothing ever happens.
Boy, if I say "sic em", you'd better look for something to bite. Sam Shelley, Rancher Muleshoe Texas 1892-1985 RIP
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Re: What does "obtain own access" actually mean?
[Re: huntwest]
#8649837
07/27/22 02:44 AM
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Joined: Jun 2021
Posts: 24
W E H
Light Foot
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Light Foot
Joined: Jun 2021
Posts: 24 |
A court of law can and will get him access to his property. I misread the op post. If leasing, like some one has said walk away till owner can prove to you access is available. My real estate sales son in law tells me that in Texas a landlocked land owner has legal remedy by Texas law to get access but it will be a hassle. Very doubtful. It is extremely rare for a judge to grant access to landlocked property. And extremely expensive with a high likelihood of not winning the case. A landowner does not have to allow access to a landlocked property. Yeah….. I know of a few that had landlocked properties for sale. I’ve never seen a judge grant access to a landlocked property that didn’t already have something in place. Some of my banker buddies are steering away from lending on properties accessed by easements, I doubt they’d consider loaning much on landlocked properties without other collateral. Ask the dude leasing to you how he accesses his property
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Re: What does "obtain own access" actually mean?
[Re: Soda4Rocky]
#8653224
07/31/22 09:06 PM
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Joined: Oct 2012
Posts: 23,074
Creekrunner
THF Celebrity
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THF Celebrity
Joined: Oct 2012
Posts: 23,074 |
Realtor in Sanderson. Now there's an optimist. 
...and have dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth. Gen. 1:28
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