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land locked property


Question

Posted

i don't know if this is the right spot to ask this or not but if there is a peice of land completly surounded by private land how would one access it if one was to buy it. is there a such thing as land locked land in minesota

18 answers to this question

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Posted

you would need to secure an easment. You can be landlocked, if the land owner wont let you on his land it would be trespassing.

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Posted

Check with the county records, there may already be an old easement to the property.

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Posted

You can force to get an easement, called the cartway law. I think it's done through the township.

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Posted

Size of lot? This is what will determine if you can get a easment.

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Posted

it is a 27 acre peice. if they force easement do they usally take shortest distance to property?

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Posted

They will either use an existing road that makes sense or use a section line. It is basically decided by the township board after they hear arguments from both parties and their lawyers if needed.

My parents had this happen to them. They always allowed a 10 foot easement to a property owner to get to his cabin but then that guy sold the property to a developer who needed a 30' foot easement to subdivide. Of course my parents weren't thrilled about an easement and had a very small, non-intrusive road crossing their property for this person already. The development meant that it became a rather large road with lots of traffic. Needless to say, my parents really felt like their rights as property owners were not even considered and this guy sells his lots, makes the cash, and walks away. My parents land was changed forever. They ended up selling and moving from the land. It was really too bad.

My point is that property owners see this stuff as potentially happening and may fight you on an easement through their property. I know I would after seeing what can happen.

ccarlson

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Posted

Landlocked property has to begiven access and the county has a process for it. They try to follow lines but will take a different route if a line is not feasible. Surprisingly adding an new road may actually enhance your property as it makes it subdividable. The person wanting the road will have to pay to build it but the possible incease in you value may reduce what you can collect for the road.

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Posted

Landlocked property has to begiven access and the county has a process for it. They try to follow lines but will take a different route if a line is not feasible. Surprisingly adding an new road may actually enhance your property as it makes it subdividable. The person wanting the road will have to pay to build it but the possible incease in you value may reduce what you can collect for the road.

I looked at a lakeshore lot a few years back that was landlocked, was told by the real estate agency it would not be a problem, as mentioned above.

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Posted

"Landlocked property has to begiven access"..this is true. The problem becomes court costs, legal fees and easement costs associated with adjacent land onwers that do not want to grant you access cheapley.

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Posted

I looked at a lakeshore lot a few years back that was landlocked, was told by the real estate agency it would not be a problem, as mentioned above.

Did you purchase the lakeshore lot? I am curious to find out if you were granted access across land some how. I have been told that if there is a public access to the lake that provides "reasonable access and enjoyment of the land." I see a lot of water access lakeshore lots for sale up here. I know of one on Burntside Lake that is bordered by the BWCAW and that water access is the only option to that parcel.

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Posted

You need to go see an attorney. One that is located in county where the lot is located. Dirt law is more complicated than a bad divorce. In the past I've looked into purchasing landlocked land and there was no guarantee of an easement being granted. The reason I was interested was the price of the land. There is a reason why these parcels are so cheap. A real estate agent might tell you that an easement will be no problem, but have him/her deliver the easement when the deal closes. I don't think you will get that commitment.

A easy way to tell where you stand in obtaining an easement would be to contact the property owner and see how they feel about it. Then you know.

  • 0
Posted

Real Estate agents are nothing more than sales people and some are only interested in closing the sale. Pretty much say what is needed to get the sale done.

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Posted

Real Estate agents are nothing more than sales people and some are only interested in closing the sale. Pretty much say what is needed to get the sale done.

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Posted

Is there an echo in here? laughgrinlaughgrin

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Posted

Generally there are four ways to get access to landlocked property.

1. Just drive over the ajacent property.

2. Being given permission by the property owner(s)of the land you are crossing.

3. Private easement.

4. Cartway.

Some pros and cons.

1. Pros - No cost and maybe they don't care.

1. Cons - Tresspassing, not perminent, can be stopped.

2. Pros - No cost, easy, quick.

2. Cons - Not perminent, can be revoked. Problems when landowner sell or someone else takes control.

3. Pros - Perminent, you and landowner decide the route, private easement meaning it can be dedicated to just you.

3. Cons - Must pay what the land owner wants, you must maintain,

4. Pros - Township may at sometime take over maintenance.

4. Cons - Very expensive, township ditctates the route, you must maintain, PO'd landowners, anyone can use it.

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Posted

Don't hire a lawyer just yet. Do you have a plat drawing? if not you can get one from the county. I just about bet there is an easement already worked into the plat. What county is this land in email me at lovemygoldens75 at yahoo dot com with the description of the parcel and location. I would be willing to do a little research for ya.

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Posted

I do know of a landowner that purchased 40 acres with no access. We had an agreement with him that if he followed our rules he could drive accross our land.

Today he has no access as he refused to follow the rules set forth on day one.

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