Pond Boss Forums POND CONSTRUCTION Selecting a site I am gonna do it again.

My guess is that there are laws that ensure access and utility access to "land-locked" property. I would assume an real estate attorney would know the local laws. How do you get to your property without an access easement?

Make no mistake, I'm hoping for the best! I don't mean to come off negative, or harsh, but this is business we're talking about....and feel-good neighborly moments, while always appreciated, are usually conspicuously absent during negotiations such as you are describing.

Personally, I would be hesitant to allow a right-of-way over my property. That doesn't mean I wouldn't, only that I would expect a new neighbor to have figured all of this out before buying property next to mine, then expecting me to make his life easier.

Let's say I agree to the right-of-way. Then, in a couple years my new neighbor packs up and moves....now what? Chances are, that ROW I granted him stays with his property, which is now up for sale....What kind of NEW neighbors will I have?? Good, bad? I've got no control over it, so I'm stuck with whatever, and whoever happens.

I hope it all works out in your favor, WIH. That's twice today I've crossed my fingers for a fellow PB'er. I know what it's like to have a dream and a plan, like most on here probably do, and I want to see you succeed with yours.

Hopefully, we'll be helping you with your pond plans soon!

My father owns property by mine and he has a road right of way that includes family members so i am good on that.

How does your father get electric to his property?

The reason why I am finding your situation interesting , in different parts of the country, how things are done. Around here, it is very rare that a land owner lets property
get landlocked when selling it. Here, it is worth nothing if that happens, because people just won't buy it for the troubles it causes. The only people that may want it is the adjoining property owners.

Same here.

I would also make sure that the easement on your father's place, which as I understand it is how you're getting onto your property, stays with the property....in other words, how do you get onto your property if your father sells his? Don't rely on the goodwill of a new neighbor....get all of this written down, and recorded at the land office, courthouse, or whatever system is in use down there.

It would suck to build your house, then not be allowed to get to it because nobody made it all "legal".....verbal agreements aren't worth much when things change hands.

Talk to Rex (Rainman) about his property in Missouri that he just sold. Same problem. After he bought it and did improvements to it, he couldn't access it anymore.

My father's ROW is transferable is case of his death and it goes to me.
Everything will be in writing and recorded at the court house.

??

His power is where i will have to come off of, the power runs down the road and delivers power to 3 other camps.The power line follows the main road to the first camp then goes through the woods and goes to my dads camp then on to the next camp.

So the "utility" that needs to cross the stubborn landowner is what?

Is it something that your dad does not have/use?

POWER

So your dad has power, his property is next to yours, you use his easement/ROW to access your property......so why do you need to cross the bank's property at all?

Just trying to see the whole picture.

As SP said, follow the ROW driveway with power, and your good to go. What am I missing?





Me too... what are we missing?

Let me weigh in from AL.
I'm perplexed, too.
That is all...

A ROW is normally for ingress and egress to "landlocked" property and the landlocked property has no "pwnership" in the land the ROW crosses, simply the right to traverse it. A utility requires it's own ROW and often unless a landowner freely gives a utility ROW, the power companies will not force the issue.....

The power line doesnt follow the road to my property. I have to come off the power line that crosses my dads property. The bank owns the small strip of land between my property and my dads.

Okay, so the bank's property actually separates you from your dad's place. And you have to physically cross the bank's piece to get to yours. You have a ROW, or easement that allows you to cross their property, but not, as Rex states, the utilities?

Correct. Road and utility ROW are 2 different things.

Have you approached the bank about buying that "small strip of land"?

I haven't talked to the bank at all because i have had to deal with the land manager. I have thought about buying it but i don't think they would sell it. That will be one option that i am going to bring up to the attorney if they don't want deal with me.

FAR better (and often cheaper) to OWN land that adjoins a public roadway than to try getting a deeded easement. An easement ROW gives you no real control over the path...the landowner the easement crosses can decide to gate it, in dozens of times if they wish...remove road gravel, if they wish...You may be able to "stop" the harassment, but enforcing rights in court is VERY expensive! And in my case, we lost.

They wont gate the roads because they have oil wells on the property and the trucks have to get the oil out in trucks. The property is 3 miles off the main highway and others have camps that they need to get too. One farmer that leased the fields tried to lock the gates and one of the camp owners removed the gates to get to his camp.He then sued the owner of the land at that time and the farmer was removed and the gates were never put back up. I really don't think the company wants to have legal expenses when they could be taking my offer and making money
it just doesn't ad up to me.

When it comes to land, what people think and are willing to do is never certain, or may even make sense.

Tic Toc Tic Toc....................LOL Just waiting to hear from the land guy to see what kind of story he comes up with this time.

My 2c: as was mentioned by Rex (rm) I would try to buy the land. You'd be surprised how badly banks want to get rid of land - they're in the screwin' people business not real estate. I'd contact them Monday AM before I spend another penny on lawyers and try to make a deal. They probably have a price, offer them 1/2 and settle somewhere in that range. Try it, they will they will probably make a deal. Seriously, call/go see them Monday...