Even if you could get something like that to work for you legally, I don't think that I'd want to buy land with that situation... hostile neighbors aren't exactly something that I'd want to go looking for.
Personally, if I found a piece of landlocked land that I wanted, I'd go and talk to the neighbors beforehand and see if there's any chance of getting an easement from them. On Mon, Jan 4, 2021 at 7:47 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 >
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