Remember, those are two different issues. Adverse possession is
one, and prescriptive easement is another.
bp
<part15sbs{at}gmail{dot}com>
On 1/4/2021 10:29 AM, Mathew Howard
wrote:
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?'
>>>>>>>
>>>>>>>
>>>>>>>
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