Aldeer.com Forums Alabama Deer Talk Aldeer General Forum Accessing landlocked property without deeded acces

How does the property owner go about obtaining legal deeded access to a property that is landlocked? For talking purposes, let's say there are multiple properties that front a public road and join said property, and said property is approximately 1 mile from public road.

My property is landlocked by a timber company. They told me to have the road surveyed and send it to them and if it looked ok they would approve it. I took the survey to the courthouse and paid to have it recorded. Survey was $500.00 15 years ago and I don't remember the recording fee.

This place doesn't have established access

Tell the school system you have a child that need to go to school and give them the address. The county will make a road.

Get a lawyer. It’s going to take time and money, if you have already approached the neighbors and gotten turned down.

Get a plat of the land and try talking to the landowners and see if they will give/sell you an easement, if that doesn't work then get a lawyer. You first need to look at any old easements by prescription that might go to the property. The lawyer might have to do title searches on the frontage land and see if your property was once owned by one of those potential access points. You might get lucky, but then again you might get shot.....

Did they give you a deeded ROW ? Never heard of recording just a survey to secure a ROW.

Good advice.

I'm in the same boat. Have 70 acres in Mobile County near Mt. Vernon. Plan to approach the two neighbors to see if it's doable out of court. Don't mind spending a few thousand to get it, as it would improve the marketability of the parcel 100%. Just don't have a real need to. Trees are growing and it's not like it's going anywhere. Bought it for timber growing anyway. Can join the hunting club that leases 9k acres around it for $700 a year and have 12 month access but don't think the hunting is that great there anyway. If somebody knows an attorney in Mobile, Jackson or surrounding areas with expertise in these matters I'd love a recommendation.

Solid advice. Depending on what you want to do with the property, make sure you get the width easement you will need for any future projects.

Talk to th adjoining property owners first. You might be surprised if you are friendly and seem like a good guy. Also offering to help them out with a tractor or chainsaw or other need they have will go along way. Also might get you some more ground to hunt. I would much rather have a neighbor like that than the old meth lab or pot grower.

If the adjoining property owners fight you, it will be a legal battle but in the end they cannot keep you from your property. Now it may not be the way you want it, but you will have to be given access somehow. Timbercruiser's post is the best place to start.

Good advice from timbercruiser for sure. DId you have the title checked on the property before you bought it? If so that title search may provide a common source of title for you and surrounding property owners. You can go to the tax assessor's office [Dept. of Revenue] and acquire a plat of the area showing property owners. Visit with your neighbors before getting a lawyer and pissing them off. Sometimes a visit is all it takes to work it out. You are entitled to access but you will have to go to court to get it and you will need an attorney to do it.

I've been involved in lots of ROW/access issues and they can get ugly, so trying the nice road first is always the best bet. Good luck to you~~ If you have Google Earth, go to the time lapse screen and see you can find any apparent road/access on those older maps. That is always a good place to start the search. Sometimes property comes down through families and the access is implied or just assumed and could be by prescription....checking all historical records you can find might lead you to how the property has been accessed over the years.

Go to a judge tell him you are landlocked and want excess to your property, He will assign three citizens to go and look at property and they will report
back to him with the most feasible and easy accessible route to property, If all looks good he will rule through the court you a right of way which you will have to pay court cost
and price or property which Judge will determine amount you will have to pay land owner or owners. Land owners can then carry this to courts and they will rule it to go before a Judge and jury and process will start over , jury will give you right of way may or may not be same as first ruling . All of this will cost you court cost, but you will get right of way. I've been there .

Last resort ^^^^^^^. This process begins with the Probate Judge. Been there , done that too.

The County has no legal responsibility to have to do this and they cannot simply just come take someone else's land to do this.

The flip side are the folks with landlocked land who want something for nothing. They think you should give them access for nothing or somehow are in the driveway business. When you offer to help them like a good neighbor by exchanging land, they are too stupid to accept your help. Somehow they believe their $500 an acre piece of worthless swampland is equal to your $5000 an acre road frontage. These types of idiots are unrealistic and can pound sand.

Lloyd Taylor in Robertsdale ought to be able to help you out.

Most important thing I've seen posted... get the correct width easement. Can't tell you how many people I've seen screw themselves with a narrow point of access, even after being told otherwise.

Don't make it complicated unless it has to be, keep it a simple process. You do not have to go court unless you are denied access, save your money. Find out the owner online or at county courthouse. Discuss and try to agree with the owner the route you will use. If no road exist carry some orange tape and mark proposed road with owner if neccessary. Will you be accessing by atv or truck? Some may not want a loud atv on their property, but will agree on a truck. Will they care if others go and come when you are not present or if you lease the property out in the future? Put a clause related to who will maintain road in future if other owners have access. You will not need a survey as long as you and landowner agree you are only building a road on the lines you agreed upon that was flagged. If they want a survey then do it. Explain you will cover all the cost. Should be a simple process, but sometimes people are difficult to deal with when it involves deer hunting.