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Sent from my iPhone > On Jan 4, 2021, at 6:46 AM, Adam Moffett <dmmoff...@gmail.com> wrote: > > I've only read about adverse possession, but I think the other party has to > have been aware of your use of the land and not done anything to stop you for > a number of years. > >> On 1/4/2021 7:25 AM, Chuck McCown via AF wrote: >> If it has been open to the public then it is prescriptive. If just used be >> a private person other than the owner it can be a case of adverse possession >> or acquiescence. Both a form of squatter’s rights. Adverse possession is a >> very hard case to make. >> >> Sent from my iPhone >> >>>> On Jan 3, 2021, at 8:54 PM, Brian Webster <i...@wirelessmapping.com> wrote: >>> >>> Sometimes a good land surveyor can help you get a prescriptive easement in >>> situations like this. Mt brother is a surveyor so my understanding of how >>> he has done this in some cases is probably not the legal way of describing >>> it. MY understanding is it goes like this. If a person has been granted >>> easement over a property over a period of time (I think 5 or 10 years but >>> not sure) and there is evidence that it has been permitted (an old farm >>> lane or access road is a good example) that has not been challenged by the >>> property owner that you cannot use that access road. Then at least in NY >>> that can be legally called a prescriptive easement, and as such you can >>> actually file that and record it as a deeded easement. It's not an easy >>> process and there is a lot of posturing and the case law has to be argued >>> in court in a lot of cases. So in some cases that he has helped, he looked >>> up historical aerial images (not on line but at the local soil and water >>> conservation district) and found stuff dating back to say 1927 or 1954. In >>> these cases there was a lot less forest and he could see a farm lane or >>> access road that was used. Enough use that it's very evident from the phot. >>> Then with this information, he will go out on the land and try to find >>> hints of that road or access lane. If he finds that road, even in the >>> current forested area, he helped the landlocked property owner gain that >>> prescriptive easement and then recorded a deeded easement. >>> >>> Some of that cheap land locked property might be something you could do >>> this with. Now I am not a lawyer or a licensed land surveyor so my >>> description cannot be taken and legal advice. Prescriptive easement laws >>> and case law may be different in various states so check on that with >>> someone who is qualified on the topic. In NY Licensed surveyors have a >>> limited right to practice law in land issues for cases like this. My >>> brother always said that was the hardest part of his surveyors license to >>> get through. He spent a lot of time studying and reviewing case law. >>> >>> Thank you, >>> Brian Webster >>> www.wirelessmapping.com >>> >>> >>> -----Original Message----- >>> From: AF [mailto:af-boun...@af.afmug.com] On Behalf Of Bill Prince >>> Sent: Sunday, January 3, 2021 7:26 PM >>> To: af@af.afmug.com >>> Subject: Re: [AFMUG] OT: Buying land >>> >>> I think those are called land locked or something similar. Unless and >>> until an owner (or prospective owner) can buy deeded access, it would be >>> worthless to anyone except perhaps a helicopter pilot. >>> >>> >>> bp >>> <part15sbs{at}gmail{dot}com> >>> >>>> On 1/3/2021 4:23 PM, Adam Moffett wrote: >>>> The absolute cheapest land seems to have no deeded access at all. I'm >>>> not sure who would ever buy those lots....but someone is selling it so >>>> therefore they bought it at one time. >>>> >>>> >>>>> On 1/3/2021 6:04 PM, Bill Prince wrote: >>>>> I can add another thing. We live on a quarter section that was >>>>> divided into 4 approximately 40 acre parcels. Most of the land is not >>>>> really "buildable" except for a dozen or so acres on the ridge top. >>>>> They carved up the parcels to give everyone close to the same amount >>>>> of ridge top space, and then divided the remainder and attached it to >>>>> the ridge top home sites. The road easement runs along the south side >>>>> of the ridge top. This arrangement worked out pretty well for 3 of >>>>> the 4 parcels, as the road easement ended up running along the >>>>> boundary between two adjacent parcels except for one parcel. I think >>>>> we got the best deal, as we're at the end of the road easement, and >>>>> "none" of the road (or the easement) actually runs through or even >>>>> along the side our property. However, one of the properties has his 4 >>>>> acres or so at the top of the ridge, and the remainder of his >>>>> property is on the other side of the easement. As a result, the two >>>>> of us at the end, drive through his property whenever we come or go. >>>>> No big deal to us, but it rubs this guy raw whenever we drive by, as >>>>> he sees us as "trespassers" because he thinks of that part of the >>>>> easement as his private property. >>>>> >>>>> When the guy gets drunk, he will call the sheriff to report us as >>>>> trespassing on his "private" property. Years of entertainment ensue. >>>>> >>>>> bp >>>>> <part15sbs{at}gmail{dot}com> >>>>> >>>>> On 1/3/2021 12:59 PM, Chuck McCown via AF wrote: >>>>>> A good title insurance policy should dig up and disclose all the >>>>>> gotchas. >>>>>> >>>>>> Sent from my iPhone >>>>>> >>>>>>> On Jan 3, 2021, at 9:19 AM, Bill Prince <part15...@gmail.com> wrote: >>>>>>> >>>>>>> Depending on the terrain, see if you can get your hands on a >>>>>>> parcel map and any benchmarks. Property boundaries can be an issue. >>>>>>> If you can't do that, get a title insurance policy that insures you >>>>>>> against any future boundary disputes. if there is a time limit in >>>>>>> the insurance policy, make sure you understand the implications >>>>>>> and/or negotiate for a longer time. >>>>>>> >>>>>>> >>>>>>> bp >>>>>>> <part15sbs{at}gmail{dot}com> >>>>>>> >>>>>>>> On 1/2/2021 9:28 PM, Adam Moffett wrote: >>>>>>>> I'm poking around Zillow for a piece of cheap land. >>>>>>>> >>>>>>>> Basically looking for some place to play around in the woods, with >>>>>>>> the possibility of building an off-grid camp/cabin in the future. >>>>>>>> >>>>>>>> The pitfalls I'm aware of are wetlands and places with no access. >>>>>>>> What else should I watch out for?' >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>> -- >>>>>>> AF mailing list >>>>>>> AF@af.afmug.com >>>>>>> http://af.afmug.com/mailman/listinfo/af_af.afmug.com >>> -- >>> AF mailing list >>> AF@af.afmug.com >>> http://af.afmug.com/mailman/listinfo/af_af.afmug.com >>> >>> >>> -- >>> AF mailing list >>> AF@af.afmug.com >>> http://af.afmug.com/mailman/listinfo/af_af.afmug.com > > > -- > AF mailing list > AF@af.afmug.com > http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list AF@af.afmug.com http://af.afmug.com/mailman/listinfo/af_af.afmug.com
