• Welcome to AppraisersForum.com, the premier online  community for the discussion of real estate appraisal. Register a free account to be able to post and unlock additional forums and features.

Seeking advice on a landlocked property

Status
Not open for further replies.
Adverse Possession
The actual, exclusive, open, notorious, hostile, and continuous possession and occupation of real property under an evident claim of right or title. The time required to obtain title legally by adverse possession varies from state to state.
 
As others have already noted, an attorney should be contacted.

There are legal landlocked parcels around the country. In many cases, such as in my neck of the woods, they were created prior to the existence of zoning regulations. What draws my attention to your situation is that the situation was created in the 1980s. That many have not been a legal split, assuming that zoning was in place at the time...but check with your attorney.
 
In a agric law class that I took in college many years ago a case was cited where the US government had created a land locked parcel where they sold a tract of land after buying it, then they put a limited access road along the property using what had been the access.

The court held that the government had to create an access to the property, and it should be provided by the entity which created the problem. In this case it was Uncle Sam.

It took a lawyer to make it happen.

On another point, if the property is landlocked, it has lesser value, how can the assessment increase?

You have a good arguement for a reduction in assessment and taxes.

Wayne Tomlinson
 
Ian, is this property in Fairfield County? I had someone in an appraisal class I teach in Stamford describe a similar situation to me recently. It is illegal to land lock property in CT. There has to be a way to gain legal access. You really do need a good real estate attorney. Email me if you would like to discuss this more. You can send me an email by viewing my profile.
Paul
 
RECENT CT CASE - suggest full Title Search to determine if R.O.W. Easement via the "forest road" or other WAS granted >>

 
SEE PDF ATTACHMENT - refer to your attorney
 
Last edited:
In CA, land locking is illegal, but it cost $$ in court to prevail. Usually someone gets paid off for access rights before going to court. I dont know about your state, but check your local law and find out about making that fire road a permanent easement. In CA, if you can prove the public (or best case scenario, utility companies) used an access road to get to the land locked property, it can pretty easily become a legal easement.
 
Status
Not open for further replies.
Find a Real Estate Appraiser - Enter Zip Code

Copyright © 2000-, AppraisersForum.com, All Rights Reserved
AppraisersForum.com is proudly hosted by the folks at
AppraiserSites.com
Back
Top