If it has been open to the public then it is prescriptive. If just used be a private person other than the owner it can be a case of adverse possession or acquiescence. Both a form of squatter’s rights. Adverse possession is a very hard case to make.
Sent from my iPhone > On Jan 3, 2021, at 8:54 PM, Brian Webster <[email protected]> wrote: > > Sometimes a good land surveyor can help you get a prescriptive easement in > situations like this. Mt brother is a surveyor so my understanding of how he > has done this in some cases is probably not the legal way of describing it. > MY understanding is it goes like this. If a person has been granted easement > over a property over a period of time (I think 5 or 10 years but not sure) > and there is evidence that it has been permitted (an old farm lane or access > road is a good example) that has not been challenged by the property owner > that you cannot use that access road. Then at least in NY that can be legally > called a prescriptive easement, and as such you can actually file that and > record it as a deeded easement. It's not an easy process and there is a lot > of posturing and the case law has to be argued in court in a lot of cases. So > in some cases that he has helped, he looked up historical aerial images (not > on line but at the local soil and water conservation district) and found > stuff dating back to say 1927 or 1954. In these cases there was a lot less > forest and he could see a farm lane or access road that was used. Enough use > that it's very evident from the phot. Then with this information, he will go > out on the land and try to find hints of that road or access lane. If he > finds that road, even in the current forested area, he helped the landlocked > property owner gain that prescriptive easement and then recorded a deeded > easement. > > Some of that cheap land locked property might be something you could do this > with. Now I am not a lawyer or a licensed land surveyor so my description > cannot be taken and legal advice. Prescriptive easement laws and case law may > be different in various states so check on that with someone who is qualified > on the topic. In NY Licensed surveyors have a limited right to practice law > in land issues for cases like this. My brother always said that was the > hardest part of his surveyors license to get through. He spent a lot of time > studying and reviewing case law. > > Thank you, > Brian Webster > www.wirelessmapping.com > > > -----Original Message----- > From: AF [mailto:[email protected]] On Behalf Of Bill Prince > Sent: Sunday, January 3, 2021 7:26 PM > To: [email protected] > Subject: Re: [AFMUG] OT: Buying land > > I think those are called land locked or something similar. Unless and > until an owner (or prospective owner) can buy deeded access, it would be > worthless to anyone except perhaps a helicopter pilot. > > > bp > <part15sbs{at}gmail{dot}com> > >> On 1/3/2021 4:23 PM, Adam Moffett wrote: >> The absolute cheapest land seems to have no deeded access at all. I'm >> not sure who would ever buy those lots....but someone is selling it so >> therefore they bought it at one time. >> >> >>> On 1/3/2021 6:04 PM, Bill Prince wrote: >>> I can add another thing. We live on a quarter section that was >>> divided into 4 approximately 40 acre parcels. Most of the land is not >>> really "buildable" except for a dozen or so acres on the ridge top. >>> They carved up the parcels to give everyone close to the same amount >>> of ridge top space, and then divided the remainder and attached it to >>> the ridge top home sites. The road easement runs along the south side >>> of the ridge top. This arrangement worked out pretty well for 3 of >>> the 4 parcels, as the road easement ended up running along the >>> boundary between two adjacent parcels except for one parcel. I think >>> we got the best deal, as we're at the end of the road easement, and >>> "none" of the road (or the easement) actually runs through or even >>> along the side our property. However, one of the properties has his 4 >>> acres or so at the top of the ridge, and the remainder of his >>> property is on the other side of the easement. As a result, the two >>> of us at the end, drive through his property whenever we come or go. >>> No big deal to us, but it rubs this guy raw whenever we drive by, as >>> he sees us as "trespassers" because he thinks of that part of the >>> easement as his private property. >>> >>> When the guy gets drunk, he will call the sheriff to report us as >>> trespassing on his "private" property. Years of entertainment ensue. >>> >>> bp >>> <part15sbs{at}gmail{dot}com> >>> >>> On 1/3/2021 12:59 PM, Chuck McCown via AF wrote: >>>> A good title insurance policy should dig up and disclose all the >>>> gotchas. >>>> >>>> Sent from my iPhone >>>> >>>>> On Jan 3, 2021, at 9:19 AM, Bill Prince <[email protected]> wrote: >>>>> >>>>> Depending on the terrain, see if you can get your hands on a >>>>> parcel map and any benchmarks. Property boundaries can be an issue. >>>>> If you can't do that, get a title insurance policy that insures you >>>>> against any future boundary disputes. if there is a time limit in >>>>> the insurance policy, make sure you understand the implications >>>>> and/or negotiate for a longer time. >>>>> >>>>> >>>>> bp >>>>> <part15sbs{at}gmail{dot}com> >>>>> >>>>>> On 1/2/2021 9:28 PM, Adam Moffett wrote: >>>>>> I'm poking around Zillow for a piece of cheap land. >>>>>> >>>>>> Basically looking for some place to play around in the woods, with >>>>>> the possibility of building an off-grid camp/cabin in the future. >>>>>> >>>>>> The pitfalls I'm aware of are wetlands and places with no access. >>>>>> What else should I watch out for?' >>>>>> >>>>>> >>>>>> >>>>> -- >>>>> AF mailing list >>>>> [email protected] >>>>> http://af.afmug.com/mailman/listinfo/af_af.afmug.com >>> >> > > -- > AF mailing list > [email protected] > http://af.afmug.com/mailman/listinfo/af_af.afmug.com > > > -- > AF mailing list > [email protected] > http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list [email protected] http://af.afmug.com/mailman/listinfo/af_af.afmug.com
