Anyone know anything about right of ways pertaining to access to property?

[Brutuskend]

OK here's the deal.
There is this piece of property that I'm thinking about buying. It was originally a parcel of 5 lots, with one lot being on the street. That lot had the driveway from the street on it that gave access to the other four lots.

Someone bought THAT lot to keep anyone from building on the back four lots.

Now if I buy the other four lots, can he legally keep me from being able to access my property?

A road could be built into the land from the backside, though it would require a culvert being installed and a ditch being bridged.

Anyone know anything about how laws would pertain to something like this?

I think because of all the perceived trouble involved, I could pick up the four remaining lots REAL cheap!!

 

[Keego]

If there's an easment, you're kosher

 

[Rallispec]

build a tunnel under his lot

 

[Sluggo]

Now if I buy the other four lots, can he legally keep me from being able to access my property?

Yes he can, unless as already mentioned, there is an easement on his property allowing access to the other properties.

 

[gopunk]

Originally posted by: Rallispec
build a tunnel under his lot

holy cow that would be awesome!

 

[Sluggo]

Originally posted by: Rallispec
build a tunnel under his lot

Then you have to look into buying the mineral rights under his property.

 

[Rallispec]

Originally posted by: Sluggo

Originally posted by: Rallispec
build a tunnel under his lot

Then you have to look into buying the mineral rights under his property.

bridge over it?

 

[NuclearFusi0n]

Originally posted by: Rallispec

Originally posted by: Sluggo

Originally posted by: Rallispec
build a tunnel under his lot

Then you have to look into buying the mineral rights under his property.

bridge over it?

when you buy land you buy everything above and below that land.

 

[Sluggo]

Originally posted by: NuclearFusi0n1

Originally posted by: Rallispec

Originally posted by: Sluggo

Originally posted by: Rallispec
build a tunnel under his lot

Then you have to look into buying the mineral rights under his property.

bridge over it?

when you buy land you buy everything above and below that land.

Generally the airspace above is included to some degree, 500' or so, most however have specific wording concerning mineral rights and access to excavation on the property.

 

[kherman]

Hrmm, this is odd. You need a lawyer to iron this one out. The person selling the lots should have made sure that there is an easement on the initial buyers lot for a right of way. If he didn't, his lawyer f'd up really bad like. Then again, he probably should have told his lawyer the situation.

Remember your contigencies on the offer. If there is no right of way, the mortgage lender won't give you a loan and you will get the deposit back.

To be sure:

Make an offer and make the following contigencies:
1) upon securing a mortgage for the purchase of the property. (your agent should know how to properly word this, it's standard).
2) Contigent upon verification of required right aways in neighboring properties to gain access to main rd (replace main rd with the actual name of hte road).
3) Another common contigiency is (upon completion of title search)

Chances are, you can call your lawyer and tell him the situation and ask him if a contigency would work. If so, ask for proper wording.

I'm not sure where to get information on right of way, but it is public record, so you should be able to track down the information. This is basically what you pay a lawyer to do at closing for you though.

For my own safety: I am not liable if any of the stated information is not correct.

 

[kherman]

when you buy land you buy everything above and below that land.

This is an intersting wuote because if a tree is growing on your neighbor's lot and it's branches are in your yard. You are allowed to cut any branches hanging into your yard. Just don't tresspass in doing so.

Also, as a side note. Kinda funny. Once when I was a landscaper someone wanted there tree cut down. (BIG TREE) The neighbor's thought it was in their yard, so they asked them not to cut it down. It really looked like it was right on the property line. My boss cought wind of this before anyone told him not to cut it down, so he sent us there early to do the job, so he wouldn't loose the work. Normally, cutting down trees is considered "rainy day" work when I used to work there. It was nice out that day

Karl

 

[Brutuskend]

Thanks for the input everyone!

I'll do a little research and see what I can dig up!