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A landlocked property owner can sue the neighbor to force them to grant an easement. It happens all the time, when the owner of a landlocked property really wants to push the issue. The rule of thumb is the shortest/easiest/most direct route is where the easement will be granted of it goes to court.
you are assuming the easement will be granted. It isn't always the case. Judges don't like to force anyone to build a road through their property - then they also have to put up with heavy equipment accessing the property to build and to put in a septic system and a well, plus an actual building. And if the judge is your cousin....
you are assuming the easement will be granted. It isn't always the case. Judges don't like to force anyone to build a road through their property - then they also have to put up with heavy equipment accessing the property to build and to put in a septic system and a well, plus an actual building. And if the judge is your cousin....
It usually is granted in some form. There's a long legal tradition of a property owner having a right to access their property. A judge would "encourage" the property owners to work something out outside of court, but it will be granted if it goes to court. A property owner who posts their property and is especially nasty to the landlocked owner will probably be treated poorly by a judge. It can become a very long, nasty legal battle but access will be granted to a landlocked owner.
If a judge is a cousin to one party the judge can be replaced.
a right to access the property just means they have the right to cross somebody else's property - usually that means walking. Nobody is forced to build a road for vehicle access.
maybe you know of some cases here in NH? because I'm not finding any.
The landowner the easement would cross would not be reponsible for building a road. The landlocked owner would bear those costs. I know of a case of this a cousin was involved in somewhere in Coos County (can't remember the town, this was years ago). He got his access, and a very miserable neighbor. He moved after a few years of that.
It usually is granted in some form. There's a long legal tradition of a property owner having a right to access their property. A judge would "encourage" the property owners to work something out outside of court, but it will be granted if it goes to court. A property owner who posts their property and is especially nasty to the landlocked owner will probably be treated poorly by a judge. It can become a very long, nasty legal battle but access will be granted to a landlocked owner.
If a judge is a cousin to one party the judge can be replaced.
You are 100% correct. If you are in NH, and you buy a landlocked piece of property with no access to it, you will be granted an easement by necessity by the courts. It usually wouldn't get that far because any attorney would tell the other party there is no chance of denying the easement.
I could see a dispute in cases where the easement could go through more than one adjacent owner's property. Each owner may want the easement through the other owner's property. But the moral to the story is that if you don't have access to your property, it will be granted.
It can exist all over the country.
As I mentioned in an earlier post, I have a chunk of land in NH, (haven't been there in a long time), and there is a small parcel I didn't own that is entirely surrounded by my land, and a person bought it, well knowing it was essentially 'land-locked'. I will only grant an easement for a really big sum of money. Caveat Emptor. I keep the lawyers well employed. But I will give him $10 for the property (he only paid 100 times that for it ). When the deed states 'no direct road access', and 'easement required', it is sort of an IQ test.
On another house, I have a boat ramp, but the easement is written so that only one of my properties, and the direct neighbor can use it.
Worked hard to earn the lands.... my right is to restrict who may be on it, when properly posted. Simple enough. Just told the caretakers to call the police when hunters are on it.
For once we agree. It is indeed an IQ test. It's not too smart at all to buy a piece of property totally enclosing another piece of property and not expect an easement at some point. After all, the law is clearly on the side of the landowner whose property is enclosed and has no access. And if the property you surround is only worth $1,000, why the heck didn't you buy it in the first place to avoid any potential future easement? A smart and successful person wouldn't but a piece of property with a donut hole in it without good reason, especially if the donut hole could be acquired for $1K. That's chump change. That's not even a ticket from LAX to MUC in the Summer. A smart person would know the landlocked owner will be granted an easement, and act accordingly. Successful people get successful by making good and smart decisions. So why would a successful person try to swindle a person who may be less fortunate to accept only 1% of what he paid for the property? A successful person would realize the attorney costs alone would be a few thousand at best, and maybe offer the landowner his full purchase price, or even offer a 50% profit. That would still be a bargain....and then you don't own property with a donut hole in it.
And you wonder why many consider you a storyteller. Make a better effort to make your stories more believable.
For once we agree. It is indeed an IQ test. It's not too smart at all to buy a piece of property totally enclosing another piece of property and not expect an easement at some point. After all, the law is clearly on the side of the landowner whose property is enclosed and has no access. And if the property you surround is only worth $1,000, why the heck didn't you buy it in the first place to avoid any potential future easement? , especially if the donut hole could be acquired for $1K. That's chump change. That's not even a ticket from LAX to MUC in the Summer. A smart person would know the landlocked owner will be granted an easement, and act accordingly. Successful people get successful by making good and smart decisions. So why would a successful person try to swindle a person who may be less fortunate to accept only 1% of what he paid for the property? A successful person would realize the attorney costs alone would be a few thousand at best, and maybe offer the landowner his full purchase price, or even offer a 50% profit. That would still be a bargain....and then you don't own property with a donut hole in it.
And you wonder why many consider you a storyteller. Make a better effort to make your stories more believable.
A couple of comments:
1). Storytelling benefits no one; not you, not me, nor anyone else. Not worth my time to do it. You don't have to believe anything I say. I just work on facts and life experience.
2). I mis-typed, as he paid $10K for the lot, which is still chump change, as one of the lots I have in a neighboring town tends to average about $220K per acre.
3). I live almost half way around the world from NH, so I really don't care, as long as no one is on my properties.
4). There is no 'swindling' here... The other person can sell it on the market if he wants too. (Good luck)
5). I use attorneys all the time.... My record is 4 at once... made me a fortune.
6). Define the word 'smart' and 'successful'. Me thinks I did ok.
7). The odds of getting an easement are about the same as putting a neutron on a bathroom scale and accurately weighing it.
Quote:" After all, the law is clearly on the side of the landowner whose property is enclosed and has no access".
Would like to see where that is documented. My lawyers would be rolling on the floor laughing.
Quote:"A smart and successful person wouldn't but a piece of property with a donut hole in it without good reason".
The good reason is "to turn it into conservation land".
1). Storytelling benefits no one; not you, not me, nor anyone else. Not worth my time to do it. You don't have to believe anything I say. I just work on facts and life experience.
2). I mis-typed, as he paid $10K for the lot, which is still chump change, as one of the lots I have in a neighboring town tends to average about $220K per acre.
3). I live almost half way around the world from NH, so I really don't care, as long as no one is on my properties.
4). There is no 'swindling' here... The other person can sell it on the market if he wants too. (Good luck)
5). I use attorneys all the time.... My record is 4 at once... made me a fortune.
6). Define the word 'smart' and 'successful'. Me thinks I did ok.
7). The odds of getting an easement are about the same as putting a neutron on a bathroom scale and accurately weighing it.
Quote:" After all, the law is clearly on the side of the landowner whose property is enclosed and has no access".
Would like to see where that is documented. My lawyers would be rolling on the floor laughing.
Quote:"A smart and successful person wouldn't but a piece of property with a donut hole in it without good reason".
The good reason is "to turn it into conservation land".
Burger King isn't the only place in town trying to sell a Whopper. Their attorneys might have something to say about that
Burger King isn't the only place in town trying to sell a Whopper. Their attorneys might have something to say about that
Super sized and over and over but fun!
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). When the deed states 'no direct road access', and 'easement required', it is sort of an IQ test.
