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What does "obtain own access" actually mean? #8645113 07/20/22 04:12 PM
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Soda4Rocky Offline OP
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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"?


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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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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.

Re: What does "obtain own access" actually mean? [Re: Soda4Rocky] #8645620 07/21/22 04:20 AM
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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.


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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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Originally Posted by stxranchman
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


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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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So when your dealing with a piece of landlocked property without deeded access would you have to negotiate with neighbors to get access?


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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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Originally Posted by HornSlayer
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.


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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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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 $.


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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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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.

Re: What does "obtain own access" actually mean? [Re: Soda4Rocky] #8645925 07/21/22 05:30 PM
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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.


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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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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.




Re: What does "obtain own access" actually mean? [Re: DLALLDER] #8646157 07/21/22 10:59 PM
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Originally Posted by DLALLDER
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.

Re: What does "obtain own access" actually mean? [Re: GaryRI] #8647000 07/23/22 02:56 AM
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Originally Posted by GaryRI
Originally Posted by DLALLDER
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.

Re: What does "obtain own access" actually mean? [Re: Mr. T.] #8649043 07/26/22 01:13 AM
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Originally Posted by Mr. T.
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.

Originally Posted by Mr. T.
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%


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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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Originally Posted by huntwest
Originally Posted by GaryRI
Originally Posted by DLALLDER
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

Re: What does "obtain own access" actually mean? [Re: Soda4Rocky] #8653220 07/31/22 09:05 PM
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Here is an easy read from a relator in Sanderson, an area with many landlocked properties.

http://www.sre-inc.com/Landlocked.htm


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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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Realtor in Sanderson. Now there's an optimist. up


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