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Joined: Mar 2015
Posts: 6,282 Likes: 30
12 point
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12 point
Joined: Mar 2015
Posts: 6,282 Likes: 30 |
Just be nice and realistic. Unfortunately sometimes the landlocked party isn’t realistic about their options. Some folks are just plain stupid. When someone offers to trade you 250 feet of paved road frontage for a portion of your landlocked swamp land, and you say no, you’re an idiot and SOL. When you want access and someone offers trading land to give you the access you want then you must be an idiot to say no. Not in the driveway or easement business and don’t want folks driving across my property. Some folks are just unreasonable and unrealistic. 
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Joined: Jan 2014
Posts: 10,586 Likes: 2
Lucky Bastage
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Lucky Bastage
Joined: Jan 2014
Posts: 10,586 Likes: 2 |
How hard or was it impossible to get access from an adjacent landowner? It will basically be my wife and I on the property, might try to farm a little, hunt mostly...... Some, we only wanted a easement to get the timber out and then sold it to hunters as we bought it without a ROW. Some we got deeded ROW pretty easy , some, folks wouldn't cooperate , but in the end that didn't matter . In Alabama you can petition the court and be granted one through the court process but that can be a long and expensive process. Way back in these mountains landowners never had deeded ROWs , that has only become an issue last 30 years or so when "out of towners" started buy hunting land. You gotta dance slow with hillbillies , you don't come in and tell them right from the start you're gonna grant me a ROW or I'm takin' you to court. How do the powers at be decide what route someone would have in terms of the access? Say a property is dead center of 2 or 3 other tracts up here in the mountains, do they just find the shortest route? How do they decide whether access will be from the top of a mountain/ bottom of a mountain or go based off of which one the owner wants to pursue or what?
The fool tells me his reasons; the wise man persuades me with my own.
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Joined: Jul 2011
Posts: 40,064 Likes: 139
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 40,064 Likes: 139 |
How hard or was it impossible to get access from an adjacent landowner? It will basically be my wife and I on the property, might try to farm a little, hunt mostly...... Some, we only wanted a easement to get the timber out and then sold it to hunters as we bought it without a ROW. Some we got deeded ROW pretty easy , some, folks wouldn't cooperate , but in the end that didn't matter . In Alabama you can petition the court and be granted one through the court process but that can be a long and expensive process. Way back in these mountains landowners never had deeded ROWs , that has only become an issue last 30 years or so when "out of towners" started buy hunting land. You gotta dance slow with hillbillies , you don't come in and tell them right from the start you're gonna grant me a ROW or I'm takin' you to court. How do the powers at be decide what route someone would have in terms of the access? Say a property is dead center of 2 or 3 other tracts up here in the mountains, do they just find the shortest route? How do they decide whether access will be from the top of a mountain/ bottom of a mountain or go based off of which one the owner wants to pursue or what? I believe the criteria is closest and most accessible to a public road. Closest does not always mean most accessible in the mountains.
"Why do you ask"?
Too many people spend money they don't have , on things they don't need, to impress people they don't know.
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Joined: Sep 2006
Posts: 4,068 Likes: 4
10 point
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10 point
Joined: Sep 2006
Posts: 4,068 Likes: 4 |
Meet with a lawyer in the. County where the land is located.
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Joined: Dec 2004
Posts: 20,209 Likes: 90
Freak of Nature
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Freak of Nature
Joined: Dec 2004
Posts: 20,209 Likes: 90 |
No one has asked yet but how is the seller accessing the property?
If voting made any difference, they wouldn’t let us do it.-Mark Twain
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Joined: Jul 2011
Posts: 40,064 Likes: 139
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 40,064 Likes: 139 |
No one has asked yet but how is the seller accessing the property? That's the place to start , if he accessed it at all. May have been an absentee landowner .
"Why do you ask"?
Too many people spend money they don't have , on things they don't need, to impress people they don't know.
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Joined: Jan 2017
Posts: 5,760 Likes: 75
12 point
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12 point
Joined: Jan 2017
Posts: 5,760 Likes: 75 |
I'd do a little research before making an offer and lookup the adjacent property owners and talk to them about the property and access possibilities. You never know, you might get someone who is very helpful.
"It is the mark of an educated mind to be able to entertain a thought without accepting it"
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Joined: Oct 2015
Posts: 7,281 Likes: 4
14 point
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14 point
Joined: Oct 2015
Posts: 7,281 Likes: 4 |
Can you build a drive way on an Alabama power line ROW? It’s in Alabaster
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Joined: Jul 2011
Posts: 40,064 Likes: 139
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 40,064 Likes: 139 |
I'd do a little research before making an offer and lookup the adjacent property owners and talk to them about the property and access possibilities. You never know, you might get someone who is very helpful. This . Feel the neighbors out , you may not want them for neighbors under any conditions , or they may be helpful , cooperative and great neighbors.
"Why do you ask"?
Too many people spend money they don't have , on things they don't need, to impress people they don't know.
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Joined: Jul 2011
Posts: 40,064 Likes: 139
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 40,064 Likes: 139 |
Can you build a drive way on an Alabama power line ROW? It’s in Alabaster You can under TVA lines and the various co-ops that provide power locally in NA. My understanding you can use it in about any manner except build a dwelling or other building under the lines. They just have an easement to build and maintain their lines, including ingress and egress to them.
"Why do you ask"?
Too many people spend money they don't have , on things they don't need, to impress people they don't know.
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Joined: Apr 2021
Posts: 891
6 point
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6 point
Joined: Apr 2021
Posts: 891 |
No one has asked yet but how is the seller accessing the property? That's the place to start , if he accessed it at all. May have been an absentee landowner . I was told by the realtor it's not accessed at all, an absentee landowner that lives out of state somewhere......I am going to the court house to see if there ever was deeded access from many years ago.....
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Joined: Apr 2021
Posts: 891
6 point
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6 point
Joined: Apr 2021
Posts: 891 |
I'd do a little research before making an offer and lookup the adjacent property owners and talk to them about the property and access possibilities. You never know, you might get someone who is very helpful. This . Feel the neighbors out , you may not want them for neighbors under any conditions , or they may be helpful , cooperative and great neighbors. That's what I plan to do over the next few days....just see if I can contact some of the adjacent landowners, I don't want to fall into a place and not feel comfortable with the neighbors....
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Joined: Feb 2003
Posts: 12,856 Likes: 42
Booner
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Booner
Joined: Feb 2003
Posts: 12,856 Likes: 42 |
Can you get the seller to sell you an option to buy for 30 days or so? Sometimes they will do that and sometimes they won't, but it could give you some protection for all the work you are about to do. Once you start contacting adjacent landowners and they realize it's for sale and that someone may be about to buy it and get a ROW, you might find that you are out of luck. If you have an option to buy for a period of time, they won't be able to outbid you.
I once bought a parcel and the ONLY reason the sale went through was because I had an option to buy. Good luck with it.
All the labor of man is for his mouth, and yet the appetite is not filled.
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Joined: Apr 2021
Posts: 891
6 point
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6 point
Joined: Apr 2021
Posts: 891 |
Can you get the seller to sell you an option to buy for 30 days or so? Sometimes they will do that and sometimes they won't, but it could give you some protection for all the work you are about to do. Once you start contacting adjacent landowners and they realize it's for sale and that someone may be about to buy it and get a ROW, you might find that you are out of luck. If you have an option to buy for a period of time, they won't be able to outbid you.
I once bought a parcel and the ONLY reason the sale went through was because I had an option to buy. Good luck with it.
I had another realtor to tell me the same thing, he said he wouldn't contact any adjacent landowners, because they may not know it's for sale and that would alert them and as you said, I could be out of luck.....
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Joined: Jul 2011
Posts: 40,064 Likes: 139
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 40,064 Likes: 139 |
No one has asked yet but how is the seller accessing the property? That's the place to start , if he accessed it at all. May have been an absentee landowner . I was told by the realtor it's not accessed at all, an absentee landowner that lives out of state somewhere......I am going to the court house to see if there ever was deeded access from many years ago..... Good idee searching records for a ROW . There could be one the absentee landowner doesn't know about on a earlier deed that was missed when the most recent deed was made , or he inherited it and has no clue of the history of the property.
"Why do you ask"?
Too many people spend money they don't have , on things they don't need, to impress people they don't know.
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Joined: Feb 2007
Posts: 26,832 Likes: 178
Freak of Nature
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Freak of Nature
Joined: Feb 2007
Posts: 26,832 Likes: 178 |
We bought title insurance I think it was called and they did all the leg work
Found one deeded access and then I found the other thru the Trace that hadn’t been recorded at court house.
We’d already started the process though.
“Socialism only works in two places: Heaven where they don't need it and hell where they already have it.” ― Ronald Reagan
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Joined: Jun 2013
Posts: 57,553 Likes: 128
Freak of Nature
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Freak of Nature
Joined: Jun 2013
Posts: 57,553 Likes: 128 |
No one has asked yet but how is the seller accessing the property? That's the place to start , if he accessed it at all. May have been an absentee landowner . I was told by the realtor it's not accessed at all, an absentee landowner that lives out of state somewhere......I am going to the court house to see if there ever was deeded access from many years ago..... Welp i imagine one or all of the neighbors have been hunting it, soooo they might not be so willing to give ya access. Hopefully you can come up with something.
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Joined: Jul 2005
Posts: 4,119 Likes: 16
10 point
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10 point
Joined: Jul 2005
Posts: 4,119 Likes: 16 |
How do the powers at be decide what route someone would have in terms of the access?
Say a property is dead center of 2 or 3 other tracts up here in the mountains, do they just find the shortest route? How do they decide whether access will be from the top of a mountain/ bottom of a mountain or go based off of which one the owner wants to pursue or what?
I’ve seen it play out different ways, so I don’t think there’s many set in stone guidelines. Probably really depends mostly on the judge and who and what he knows. A couple times, I saw the obvious route chosen, and other times the opposite. Saw a case where the judge chose an existing road. Saw another where he chose a route through the back side of a property when a more direct, existing route was ignored. By taking the long way, the landlocked landowners had to build a road that gave the blocking party good access to parts of their property that they didn’t have previously. I think the law only says that “reasonable” access is to be granted. What’s reasonable to one person might not be reasonable to another. And remember, none of this is free. You still have to pay the blocking party and potentially build or repair roads.
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Joined: Jul 2011
Posts: 40,064 Likes: 139
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 40,064 Likes: 139 |
How do the powers at be decide what route someone would have in terms of the access?
Say a property is dead center of 2 or 3 other tracts up here in the mountains, do they just find the shortest route? How do they decide whether access will be from the top of a mountain/ bottom of a mountain or go based off of which one the owner wants to pursue or what?
I’ve seen it play out different ways, so I don’t think there’s many set in stone guidelines. Probably really depends mostly on the judge and who and what he knows. A couple times, I saw the obvious route chosen, and other times the opposite. Saw a case where the judge chose an existing road. Saw another where he chose a route through the back side of a property when a more direct, existing route was ignored. By taking the long way, the landlocked landowners had to build a road that gave the blocking party good access to parts of their property that they didn’t have previously. I think the law only says that “reasonable” access is to be granted. What’s reasonable to one person might not be reasonable to another. And remember, none of this is free. You still have to pay the blocking party and potentially build or repair roads. Yep, depends on who has the best Lawyer and what side of the bed the Judge woke up on that day. Or if it goes to a Jury trial , never underestimate the ignorance of an Alabama jury on land lines, ROWs and such. Been there, done that.
"Why do you ask"?
Too many people spend money they don't have , on things they don't need, to impress people they don't know.
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Joined: Apr 2021
Posts: 891
6 point
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6 point
Joined: Apr 2021
Posts: 891 |
No one has asked yet but how is the seller accessing the property? That's the place to start , if he accessed it at all. May have been an absentee landowner . I was told by the realtor it's not accessed at all, an absentee landowner that lives out of state somewhere......I am going to the court house to see if there ever was deeded access from many years ago..... Welp i imagine one or all of the neighbors have been hunting it, soooo they might not be so willing to give ya access. Hopefully you can come up with something. Welp, probably right about the hunting, I took a ride out there, beautiful area, but the location is definitely landlocked by private landowners that have been there for years.....went to the court house and they didn't have any record of any easements since it's heir property, thought they had found something from 1950 but it was inaccurate.....I didn't like the feel of the area either, one of the roads I turned on had a not to friendly sign about the owner shooting trespassers so, I think I will look elsewhere....
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