Landlocked in Tennessee

[Webbed Feet]

The cart is rolling down the hill as you left the horse in the barn.

I left a message for the lender that it appears from the tax map that the property is landlocked and there is nothing on the deed about this situation. I'm waiting for him to call back and for the COD ho to call back from the message that I left them early this morning. If the ho calls first, should I just go ahead to the property tomorrow if possible and deal with the access situation afterwards???

You started posting these questions to a forum and you had not so much as been to the subject property yourself yet?

GO INSPECT THE PROPERTY! ... ASK THE "ho," as you keep using, TO EXPLAIN THE ACCESS SITUATION TO YOU!

After you've done the above, if you still need some help you all come back agin ya hear?

 

[PropertyEconomics]

PE - After your pontificating, I may note that you are not better than anyone else on this forum. I am surprised that you as a "successful" CGA would engage in a jousting match with someone as lowly as me. Seems to me you would have something better to do like chlorinate the pool.

I shall take your advice and joust with you no more. Frankly ... you are right ... its a waste of time ... and it doesnt matter to you anyway ... you can lead appraisers astray all you wish .. you have no ethical obligation to be honest with anyone or even understand their job.

Enjoy your recliner ... and for the record ... the pool is closed for the season. :laugh:

 

[Willie]

Hello,

I'm trying to remember what I need to do this specific appraisal report. The house is on property which appears to be landlocked and it's on 5.6 acres. The owners also own a tract next door which also appears to be landlocked and it's 3.5 acres. Anyway, as far as I know, I am just doing the 5.6 acres with the house. All that as far as land access is that I see something on a deed that has an easement to the property-correct?

Thank you all for helping this young widow. Debra, I hope you are doing well. I have only read your first post, so forgive me if this has been covered or more accurately covered by other posters.


Access is a legal issue that you would need to read the legal binding document, the deed, to better understand. You need to read it. If the information you need is not there, you need professional legal assisstance to determine all of the access factors as they pertain to you subject. I would put that monkey on someone elses back, again, if you can't determine it by deed or a given survey. Hopefully they can explain this to you in a way you can understand and hopefully it is not very complicated.

Good luck.

 

[AppraisalQuest]

I will apologize for my ignorance before I open my mouth... This is regarding a similar property issue and not this exact instance. Assuming a property is landlocked and an individual builds a home there but has no 'legal' right to access his parcel and is doing it against the will of the owner of the serviant parcel. This should have a HUGE effect on the marketability of the property right? Therefore market value taking a huge hit right? So if this persons real estate taxes are based on market value, and the property is not marketable... you see where I am going. I was asked to appraise a house with this situation to challange an appraisal for tax purposes in Lake County Indiana and I am not so sure I want to dive into this pool. Thanks LT

 

[Webbed Feet]

I will apologize for my ignorance before I open my mouth... This is regarding a similar property issue and not this exact instance. Assuming a property is landlocked and an individual builds a home there but has no 'legal' right to access his parcel and is doing it against the will of the owner of the serviant parcel. This should have a HUGE effect on the marketability of the property right? Therefore market value taking a huge hit right? So if this persons real estate taxes are based on market value, and the property is not marketable... you see where I am going. I was asked to appraise a house with this situation to challange an appraisal for tax purposes in Lake County Indiana and I am not so sure I want to dive into this pool. Thanks LT

Don't worry. I am sure there are many that believe I open my mouth in ignorance all the time. Once in awhile I do too!

Something is amiss. How in the ding dong can anyone build a house with no access to the land and against the will of the property owner whose land must be crossed to build the house? What the heck did they do, fly the building materials and concrete trucks in with a helicopter? Do it while the adjacent property owner was on a world cruise and unaware of it? Got home and found out their rose garden is now a driveway? Ask yourself what kind of a person would build a house in that situation and then want an appraiser to help them challenge their taxes on it? Does this sound like an honest person to you?

I would not dive into that pool as right off the bat as it sounds like someone is lying. Next, it certainly would have to represent a complex appraisal situation. The transaction value would be the entire opinion of value. Your licensed and not certified. See where this is going?

 

[AppraisalQuest]

Land locked

After a little research and driving by the property and stopping to chat with the neighbor... The property owner once had written permission to access his land locked parcel from the person who owned the parcel between him and the road (vacant land). Since then, this permission has reportedly been revoked which the owner states leaves his parcel and home with little to no value because you can not legally access it. He states that he is currently accessing his land locked parcel against the will of its owner, however nothing has been done about it. It appears to be a way for the owner of the home to try to get away with little to no property taxes. Where did he come up with the idea that this would actually work and who has this much time on their hands? This is probably the most bizzare thing I have ever been asked to appraise.

 

[Webbed Feet]

A.Q.

Legal situation calling for the use of a client agreed to EA on your part regarding a legal determination made in a court of law. Very high chance an easement by implication or prescription still exists. That has to be determined in a court of law. EA being a court of law will find no easement any longer exists and the land is indeed landlocked. If intended use was a court case about it.... might be a credible EA for the intended use... If the intended use is to challenge a tax assessment without any such court determination.......................................................

I'd say you are licensed and not certified so run like hell and find other work. ... The credibility of any such EA for a tax challenge intended use minus a court determination regarding the easement sounds weak and nasty. Personally, I think I'd tell the prospective client to get a lawyer, start a court case, I'll make the lawyer my client and you can attempt to prove the "Express Grant" you were given can be legally revoked causing you to lose market value in a property you are still accessing.

 

[Couch Potato]

After a little research and driving by the property and stopping to chat with the neighbor... The property owner once had written permission to access his land locked parcel from the person who owned the parcel between him and the road (vacant land). Since then, this permission has reportedly been revoked which the owner states leaves his parcel and home with little to no value because you can not legally access it. He states that he is currently accessing his land locked parcel against the will of its owner, however nothing has been done about it. It appears to be a way for the owner of the home to try to get away with little to no property taxes. Where did he come up with the idea that this would actually work and who has this much time on their hands? This is probably the most bizzare thing I have ever been asked to appraise.

As the Webbed one notes, revoking permission to access land that otherwise has no access is not a simple task. In fact the revocation may not be legal. You are an appraiser, not an easement specialist as far as I know. Under most state laws, truly landlocked parcels are very rare.

 

[Terrel L. Shields]

The property owner once had written permission to access his land locked parcel from the person who owned the parcel between him and the road (vacant land). Since then, this permission has reportedly been revoked which the owner states leaves his parcel and home with little to no value because you can not legally access it. He states that he is currently accessing his land locked parcel against the will of its owner, however nothing has been done about it.

An adverse possession is an easement by necessity. It apparently has been established and the owner needs to go to court and force the issue. That is not a cheap 'fix'. The person landlocking the property cannot prevent the access once it is established. The easement cannot be taken if the person gives permission but only when permission is denied. It is a complex law and not a priority with judges...

To appraise it, you need to note the condition and throw the issue back on the lender. Fannie or VA won't take it without a written or recorded agreement.