# Easements to Landlocked Parcel



## SarahFair (Aug 18, 2011)

I know.. I know.. 


So the SO found a house he REALLY likes. It is an offer we can not refuse, even if it costs us some $$ in legal issues. 
...The house is in great condition though 


Anyways,
The house is 30-40 years old. It has been using the same driveway since. There is a 15 foot easement on the driveway (even marked on tax maps).
BUT
The house origianlly came with 55 acres. The people who owned it before had 50 acres financed through 1 bank and 5 + a house through another. They lost the house. 
One bank took the 50 and the other took the 5 + the house. 
The lady who bought the 50 acres now says the house is not allowed to use the driveway. She is trying to tell the other bank its worthless because it is now land locked and has put a bid of $6000 on the house.
People have tried to buy property from the person who has the easement but they through out some ridiculous price for the house. 
Supposedly they are pretty miffed by the previous owner whom they had a bunch of trouble with. 


I thought by law if someone is coming and going for 7+ years that have some rights.. 
I thought by law you can not deny access to someones land locked property.


The SO says him and his father will try to talk to the owners of the property up front and see if we cant purchase some land and work out a nice deal (maybe some logging.. etc etc)
Have any ideas what might smooth things over with them?





Just  to add:
We do intend on hiring an attorney at the right time. But till then I would just like to know what Im up against.


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## gtparts (Aug 18, 2011)

Not 100% clear on this, but it is my understanding that any easement (the use of the drive) goes with the parcel regardless of who owns the other property. I don't believe the easement can be removed unless one person owns both parcels.

The exception might be that the easement could be removed by mutual agreement of the two owners, though I can't imagine why.


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## Money man (Aug 18, 2011)

Sarah, go down to the court house and pull the property deeds. Any legal easements for the plot of land should be recorded in them. Start there and then you will find out if you have a leg to stand on as far as a legal easement or just a prior owner permissable use agreement between the prior occupants.


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## SarahFair (Aug 18, 2011)

The thing is.. The driveway (even after the easement part) has to go through the 50 acres (which was all owned by 1 person so no easement was ever put in place for, lets say, 100 foot of the driveway). She doesnt want to give any legal easement because SHE wants the house and 5 acres for $6000.

So she could come out one day and say "Youre not going on my property.." and then I could not access the house.


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## K80 (Aug 18, 2011)

Require the bank to fix the issue. They are the ones that dropped the ball and they have deeper pockets than you do.

It can be fixed but it may get costly.


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## cullyhog (Aug 18, 2011)

more info;
http://www.realestatelawyers.com/resources/real-estate/land-use-zoning/georgia-easement-law.htm


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## K80 (Aug 18, 2011)

From the above link, this is one of many things that can cause it to get expensive.

"Georgia law, a landowner who fails to reserve an easement for ingress and egress to his remaining land will not be rewarded for his negligence."  Since the person who owned the house also owned the 50 acres it would have be VERY easy to get an easement across it.  

The bank was most definitely negligent in not requiring an easement across the 50 acres.  I deal with LOs and land owners daily that do not understand the importance of this.  While the above is referring to a different situation than what you have an attorney for the other land owner will use that sentence as well as other arguments to support the owner of the 50 acres.


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## woco hunter (Aug 18, 2011)

I believe that would be an easement of necessity. A person can't keep another person from using a driveway when its been used that long. You will need to talk to a lawyer. (My boss has always said this when it comes up on one of our jobs. He's a surveyor.)


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## jason4445 (Aug 18, 2011)

Yeah someone cannot prohibit you from accessing your property, but on the other hand the access may not be where you wish it.  

Out side the fact that is she really really wishes to fight it you can be a couple of years away from a settlement.

But the big issue is that buying a house always - always - always needs to be a happy positive experience.  If so then the happy positive energy will follow you into the house and lay its blessing on you and the events that transpire while you are living there.

But you are in a situation that abounds with negative energy and hate from others.  The neighbors hate, bad things happened with the previous owners, the owner of the other land hates and is trying to pull a quick one.  All this negative energy permeates the area and the house and when you move in it will follow you and effect your life and relationships in a very negative way - walk away from this place, don't look back and find a place you can purchase and move into that abounds with love and happiness.


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## Lukikus2 (Aug 18, 2011)

Wow!

Like the above post. Do you want to live next to that?


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## K80 (Aug 18, 2011)

jason4445 said:


> Yeah someone cannot prohibit you from accessing your property, but on the other hand the access may not be where you wish it.
> 
> Out side the fact that is she really really wishes to fight it you can be a couple of years away from a settlement.
> 
> ...



This is another way it can get expensive.  The access that is granted by the courts may not be the current physical access thus requiring a drive way to be cut thru woods and etc.  

Go ahead and put a bid in on the house but make a stipulation that the access situation must be resolved BEFORE closing.

Know that it may take a good long while before it makes its way thru the courts if the other owner wants to be a real pain about it.


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## SarahFair (Aug 18, 2011)

If we can make friendly with the neighbors (except this lady.. who wouldnt live there, just own her horses or cows or whatever it is..) I dont see a problem.
While looking at the tax maps I think the SOs family MAY know one of the neighbor.
Their uncle lives down the street and we are going to see if he doesnt know either one of them as well.


The bank dropped the house at a REAL REAL REAL low price because they dont want to deal with the legal issues.
We are going out there this sunday with a realtor to further investigate.


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## K80 (Aug 18, 2011)

SarahFair said:


> If we can make friendly with the neighbors (except this lady.. who wouldnt live there, just own her horses or cows or whatever it is..) I dont see a problem.
> While looking at the tax maps I think the SOs family MAY know one of the neighbor.
> Their uncle lives down the street and we are going to see if he doesnt know either one of them as well.
> 
> ...



There is your red flag.  If you can get access across other lands go for it.  

The key in this market is to use logic and not emotion when purchasing a home.  

Logic will allow you to see the red flags clearly and emotion will blind you from them.

Only you and your SO know what hurdles you are willing to jump over just make sure that you accurately measure the height of the hurdle before attempting to jump it.


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## SarahFair (Aug 18, 2011)

We are willing to purchase land from a neighboring land owner.
Problem is..
How do you get someone whos said no to say yes?


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## rjcruiser (Aug 18, 2011)

SarahFair said:


> We are willing to purchase land from a neighboring land owner.
> Problem is..
> How do you get someone whos said no to say yes?



There are two ways.

$$$$$$

and 

Eminent Domain.


The Government utilizes both...you only have one of the options listed above....and I'm guessing, unlike the govt, your funds are limited.


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## K80 (Aug 18, 2011)

SarahFair said:


> We are willing to purchase land from a neighboring land owner.
> Problem is..
> How do you get someone whos said no to say yes?



The other lands I was talking about was not the 50 acres.  I'm talking about going across someone elses land that you said you may know.

As to your question, more $$$$$.

This is why unless you can work something out with one of the neighbors (be it the owner of the 50 acres or another land owner) BEFORE you buy it you need to let the bank deal with it.  They have much deeper pockets than you do.

If you don't have a resolution before you buy it, you don't know how good of a deal you are getting because you don't know how expensive it is going to be to resolve the issue.


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## DAVE (Aug 18, 2011)

Even if the court grants easement, it does not mean you won't have problems every time you try to use a driveway, that goes through a spiteful neighbors' property. A court order is just a piece of paper and you might have to have the sheriff with you every time you want to use that driveway. Don't think just because the law is on your side that you are going to win.


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## Twenty five ought six (Aug 18, 2011)

K80 said:


> From the above link, this is one of many things that can cause it to get expensive.
> 
> "Georgia law, a landowner who fails to reserve an easement for ingress and egress to his remaining land will not be rewarded for his negligence."  Since the person who owned the house also owned the 50 acres it would have be VERY easy to get an easement across it.
> 
> The bank was most definitely negligent in not requiring an easement across the 50 acres.  I deal with LOs and land owners daily that do not understand the importance of this.  While the above is referring to a different situation than what you have an attorney for the other land owner will use that sentence as well as other arguments to support the owner of the 50 acres.



You are misreading the principal.  Sarah's situation falls squarely into this principal, and it will be very hard to create an easement if one does not already exist.



woco hunter said:


> I believe that would be an easement of necessity. A person can't keep another person from using a driveway when its been used that long. You will need to talk to a lawyer. (My boss has always said this when it comes up on one of our jobs. He's a surveyor.)



Again, the fact situation present here is an exception to the  principal of creating a way of necessity.



jason4445 said:


> Yeah someone cannot prohibit you from accessing your property, but on the other hand the access may not be where you wish it.



Oh yes they can.

Sarah, get a copy of the deeds and plats, and go talk to a lawyer.  Without reading the deeds, and looking at the plats, no one can give you an informed answer.

The lawyer should be able to tell you whether you even have a case or not.  If you do, expect to add $5000-10000 to that "price you can't refuse " --and if the facts are as you state them, you may not win.  BE PAINFULLY AWARE that to even file suit, you will have to OWN the landlocked parcel.  Also you will not be able to get a bank loan without a deeded and surveyed easement.  

 Other than charm, there is no way you can make an unwilling landowner give you an easement, short of a lawsuit.


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## K80 (Aug 18, 2011)

Twenty five ought six said:


> You are misreading the principal.  Sarah's situation falls squarely into this principal, and it will be very hard to create an easement if one does not already exist.
> Since I'm not an attorney and am not aware of where a case like this has gone to court all I could do was point it out and show the similarities of neglect between the two.
> 
> 
> ...



Sarah, listen to this man and use his advice to measure the hurdle you want to jump.


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## Twenty five ought six (Aug 18, 2011)

> Since I'm not an attorney and am not aware of where a case like this has gone to court all I could do was point it out and show the similarities of neglect between the two.



Actually you did a good job of finding this principle, as it's the primary exception to the creation of a way of necessity.  Naturally, with modern surveying and lending practices, there are not many recent cases, but there are enough to make sure it's not a theoretical principle.

Also, back to Sarah's initial question, even if you can force a way of necessity, it may not meet zoning or lending requirements.


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## SGaither (Aug 18, 2011)

Off topic, but what is an SO? I've been thinking about this for a minute now and can think of a few things that SO stands for but not in your context.

thanks.


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## jason4445 (Aug 18, 2011)

It was one of the first things in torts and real estate law classes I took was that someone cannot block access to your property.  Can they try - yeah. Will they win - no. Will it costs you tons of money - yes. 

As a deputy we dealt with this all the time.  The old land owner and someone sells the property between the road and his land.  Trailers build on it and use his road, or any or a dozen other stories.  

Then the war starts.  Trenches are dug and wooden boards with nails sticking up and buried, they scatter roofing tacks like the Easter Bunny lays eggs, someone just happens to be "hunting" and is blowing off rounds out of a gun when the kids are bunched up at the main road waiting on the school bus.  Names are called, drunken fists fly, gooey objects are thrown against the house in the middle of the night, eggs, acid on cars - dead pets laying all around. I mean you name it. Like Dave said - you may have access but you may not be able to use it.

One particular situation we just got warrants on all involved, waited until after 6 PM when the judges went home so the 10 we arrest got to spend a night in jail, then the big judge put them all on a years probation and $500 fine with the statement if one person gets a flat tire on the road everyone is going to the work camp.  That finally settled things down.


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## K80 (Aug 18, 2011)

SGaither said:


> Off topic, but what is an SO? I've been thinking about this for a minute now and can think of a few things that SO stands for but not in your context.
> 
> thanks.


She used to send me for a loop using SO all the time, then one day it finally hit me that she was referring to her significant other.


jason4445 said:


> It was one of the first things in torts and real estate law classes I took was that someone cannot block access to your property.  Can they try - yeah. Will they win - no. Will it costs you tons of money - yes.
> 
> As a deputy we dealt with this all the time.  The old land owner and someone sells the property between the road and his land.  Trailers build on it and use his road, or any or a dozen other stories.
> 
> ...



Different scenario, thru negligence the bank allowed themselves to lose access.  Go back and read my post at 9:03 and read 25.06 post.


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## SarahFair (Aug 18, 2011)

Hmm...
Even if it does cost us 5000-10000 its still a price we can not refuse.


Everyone at the county knows exactly what house Im talking about when I start asking questions.
Im sure they are going to more than happy when this thing sells. 
The lady said if I would want to put a driveway in it would have to be 30-40 foot wide and I would have to request a variance.. creating a flag lot. 

It would only be a little over half an acre to sell. I dont see why the neighbors wouldnt sell and get this monkey off their backs.


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## calibob1 (Aug 18, 2011)

I don't know how to say this and not sound condesending but within the last month or two you have found two places you each have loved, both with problems. You will find more with less problems, don't get in a rush and live to regret your decisions.


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## Twenty five ought six (Aug 18, 2011)

jason4445 said:


> It was one of the first things in torts and real estate law classes I took was that someone cannot block access to your property.  Can they try - yeah. Will they win - no.  Want to make a sporting proposition out of that statement ?  Will it costs you tons of money - yes.




Maybe you should have paid more attention to the second thing.

  




> 1. The trial court *denied *Mersac's petition for a private way of necessity  under O.C.G.A. § 44-9-40, holding that it would be unreasonable to  grant Mersac a private way when a reasonable means of access was  available to Mersac through land it sold.  O.C.G.A. § 44-9-40(b)  expressly allows the trial court to consider whether the condemnation of  a private way is "otherwise unreasonable" and, if so, to exercise its  discretion to deny the condemnation.  This court has not had occasion to  consider the parameters of "otherwise unreasonable."   In Kellett v.  Salter <sup>1</sup>, however, this court suggested that  if reasonable access existed over land a petitioner had sold, he would  be unable to condemn a private way across another's land. <sup>2</sup> *  Implicit in that opinion is the understanding that necessity cannot be  created by one's own voluntary action in giving up reasonable   **access.* <sup>3</sup>  Courts in other states have expressly concluded that an owner who voluntarily land locks himself is not entitled to a private way of necessity to obtain access. <small><sup>4
> 
> </sup></small>Judgment affirmed and case remanded with direction.         All the Justices concur.
> 
> ...



Mersac, Inc. v. National Hills Condominium Edited to Remove Profanity ----Edited to Remove Profanity ----Edited to Remove Profanity ----'n, Inc., 480 S.E.2d 16, 267 Ga. 493 (Ga., 1997)


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## K80 (Aug 18, 2011)

SarahFair said:


> Hmm...
> Even if it does cost us 5000-10000 its still a price we can not refuse.



The 5000-10000 is going to be lawyer fees that will come along after you buy the property.  Even after paying for the property and paying for the lawyer you very well may end up with a landlocked parcel.  

If you move forward make sure you have the access issues resolved before closing whether it is the bank that gets it resolved or you that gets it resolved. 

No one is saying that you should not try to resolve the issue whether it be through the 50 acre landowner or a neighboring landowner  but without getting it resolved BEFORE or at the closing you will likely not be able to find financing.


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## Twenty five ought six (Aug 18, 2011)

SarahFair said:


> Hmm...
> Even if it does cost us 5000-10000 its still a price we can not refuse.




If you win.


If you don't win, you are stuck with a piece of property that you can't get access to, and can't sell.   And are probably making payments on.

What fun.

Seriously, look at what Calibob said --it's definitely a buyer's market -- you can find something without all the baggage.


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## win280 (Aug 18, 2011)

SarahFair said:


> Hmm...
> Even if it does cost us 5000-10000 its still a price we can not refuse.
> 
> Everyone at the county knows exactly what house Im talking about when I start asking questions.
> ...


That $5000-$10,000 will go a long way toward a mortage reduction.

The neighbor has no reason to sell an easement because they know they can buy if for $6000.00 and rent it or then give an easement and sell it for a big profit.


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## SGaither (Aug 18, 2011)

come on down to my 'hood, where there are plenty of houses you can make your home.


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## Wild Turkey (Aug 18, 2011)

Why not obtain and easement from the friendly neighbor. Pay them for it and have it surveyed and recorded. Cheaper and clean. They keep their property in tact.


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## SarahFair (Aug 18, 2011)

SGaither said:


> come on down to my 'hood, where there are plenty of houses you can make your home.


Acerage with 4+ bedrooms $100,000 and under??




win280 said:


> That $5000-$10,000 will go a long way toward a mortage reduction.
> 
> The neighbor has no reason to sell an easement because they know they can buy if for $6000.00 and rent it or then give an easement and sell it for a big profit.


I know.. And the bank is telling her no way.
There in lies the easement issues.




Wild Turkey said:


> Why not obtain and easement from the friendly neighbor. Pay them for it and have it surveyed and recorded. Cheaper and clean. They keep their property in tact.


Ill have to go knocking to see just how friendly the neighbors are..
Lucky my SOs uncle lives down the street. Maybe Edited to Remove Profanity ----Edited to Remove Profanity ----Edited to Remove Profanity ----Edited to Remove Profanity ---- know one of the owners. If not I think that one of the owners might be related to someone the SOs family knew.


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## rjcruiser (Aug 18, 2011)

SarahFair said:


> Acerage with 4+ bedrooms $100,000 and under??



Anymore, that isn't such a great price...especially if you're going to have neighbor issues.


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## K80 (Aug 18, 2011)

Would the property happen to be on carl davis road?


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## SarahFair (Aug 18, 2011)

haha 
No, it would be on Pannell


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## Matthew6 (Aug 18, 2011)

Sarah, I am an old guy who has bought alot of houses in my time. Don't get emotionally involved in any real estate deal. I agree totally with the previou poster Jason. Get Steppin and find another property. Good luck to you during this process and best wishes for you and SO.


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## K80 (Aug 18, 2011)

SarahFair said:


> haha
> No, it would be on Pannell



Now that I'm at home and can see pics, I see that is the house that USED to be a nice house.


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## K80 (Aug 18, 2011)

Maybe Hester will let you use the road that runs through his property, that is if your line goes all the way over to his property.  I can't find a copy of the plat on line.


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## K80 (Aug 18, 2011)

Is it still brick?  I found a pic of it from 2005 that shows it as brick.  I'm not sure what to think about the green but other than that it does look like a nice house.


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## jimbo4116 (Aug 18, 2011)

rjcruiser said:


> There are two ways.
> 
> $$$$$$
> 
> ...



Sometimes dollars don't work and Eminent Domain would not apply.

My mother has just gone through a similar situation.  She lives on a property that shares a 30' drive with another property.  The drive at the road is half and half on each property. Once you pass the turn off to each garage the area being used as a drive to another home on my mother"s property in which another family member lives meanders over onto the other property.  Drive has been there for years and no one really knew where the property line was.

Enter offspring of the neighbor lady and they realize the drive being used is on there property.  But the Judge said that is where it will stay and stay open.  The orders call for the easement be record as such in perpertuity.


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## SarahFair (Aug 19, 2011)

K80 said:


> Now that I'm at home and can see pics, I see that is the house that USED to be a nice house.


It still is. Someones gone and put a new roof on it and cleaned up the inside. New carpets, updated kitchen...


K80 said:


> Maybe Hester will let you use the road that runs through his property, that is if your line goes all the way over to his property.  I can't find a copy of the plat on line.


How'd you know the guys name was hester? Id be happy to to redo the fence and offer him logging services as needed plus cash 



K80 said:


> Is it still brick?  I found a pic of it from 2005 that shows it as brick.  I'm not sure what to think about the green but other than that it does look like a nice house.


Yeah, its still brick. Pictures really don't do it justice. Even I was a little apprehensive going to look at it.. but its nice!
The green does look pretty good.


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## SarahFair (Aug 19, 2011)

Here is a plat off the tax website. It doesnt have the 5 acres drawn out (but the new taxes are 5 acres + a houes).
I drew them as best as I could per the 50 acre realtors description + google earth and some basic math.

Id use a straight drive or the one already in place. There is a fence though..


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## merc123 (Aug 19, 2011)

Listen to K80 for sure, great fella.  I believe he told me (or some other wise person on here) that sometimes the "speedbumps" you encounter aren't necessarily speedbumps but red flags and roadblocks.

I skipped on a few houses that I loved because of things that just didn't seem right.  The one I PM'ed you about I fought for 6 months, losing the $8,000 tax rebate from the govt because of it.  

The house I'm in now has no legal issues and I can spend money on the house itself and not fighting to live in it or on it.  

Believe me, once you move in you're going to want that 5-10k to put into the house


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## K80 (Aug 19, 2011)

SarahFair said:


> It still is. Someones gone and put a new roof on it and cleaned up the inside. New carpets, updated kitchen...
> 
> How'd you know the guys name was hester? That is what I do.... Id be happy to to redo the fence and offer him logging services as needed plus cash  That may be enough to sweet'n the pot for him.
> 
> ...



Good luck and make sure you get it takin care of ahead of time if you move forward.

I can't see the aerial you posted as my office blocks photobucket and etc.  I can only see photos that are upload thru Woody's.


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## DCHunter (Aug 19, 2011)

What is an "SO"


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## SarahFair (Aug 19, 2011)

K80 said:


> Good luck and make sure you get it takin care of ahead of time if you move forward.
> 
> I can't see the aerial you posted as my office blocks photobucket and etc.  I can only see photos that are upload thru Woody's.


Yeah.. I mean I found his name as well
Just didnt know if you knew him personally.




DCHunter said:


> What is an "SO"



significant other


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## Backlasher82 (Aug 19, 2011)

DCHunter said:


> What is an "SO"



Boyfriend. Every time I see SO I think Sheriff's Office. Gotta read for context I guess.


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## Money man (Aug 19, 2011)

Buyers mistakes to avoid:

1: Falling in love with a property


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## rayjay (Aug 19, 2011)

SGaither said:


> Off topic, but what is an SO? .



In this case it might end up being a shoot out.


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## rayjay (Aug 19, 2011)

Tell me the name of the site or paper you are finding all these places. I am trying to figure out what you would call such a paper and I came up with it just now:

"Problem Properties"
"Horror Houses"
"Homes in a Hole"
"Damaged Domeciles"


Good luck


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## gtparts (Aug 19, 2011)

SarahFair said:


> Here is a plat off the tax website. It doesnt have the 5 acres drawn out (but the new taxes are 5 acres + a houes).
> I drew them as best as I could per the 50 acre realtors description + google earth and some basic math.
> 
> Id use a straight drive or the one already in place. There is a fence though..



I'd contact the owner that owns the adjacent property (bordered in white) and politely ask to use His drive coming off of Pannell Rd., then offer to purchase a permanent easement to access the property from the south side of the property you contemplate buying. Call first, if possible, and tell them you are looking at purchasing the property and would like some more information from neighbors. Bake some cookies and use a modest amount of the ol' Southern charm. You may have to offer to maintain/ repair the road as necessary, also.

Best of luck. 

Looks like a nice place from Google Earth, image from 3/31/2008/


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## SarahFair (Aug 19, 2011)

Money man said:


> Buyers mistakes to avoid:
> 
> 1: Falling in love with a property


I mean... I dont love this house and much as the other.
And I could honestly walk away..
But Ima shake a stick at it before I do 




rayjay said:


> In this case it might end up being a shoot out.





rayjay said:


> Tell me the name of the site or paper you are finding all these places. I am trying to figure out what you would call such a paper and I came up with it just now:
> 
> "Problem Properties"
> "Horror Houses"
> ...


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## SarahFair (Aug 19, 2011)

gtparts said:


> I'd contact the owner that owns the adjacent property (bordered in white) and politely ask to use His drive coming off of Pannell Rd., then offer to purchase a permanent easement to access the property from the south side of the property you contemplate buying. Call first, if possible, and tell them you are looking at purchasing the property and would like some more information from neighbors. Bake some cookies and use a modest amount of the ol' Southern charm. You may have to offer to maintain/ repair the road as necessary, also.
> 
> Best of luck.
> 
> Looks like a nice place from Google Earth, image from 3/31/2008/



How much should I offer for an easement?
I dont want to insult them with a low offer, but I also want to keep money in my pocket..

It would be about a 15 foot wide (I think that is max by law) and almost 1000 feet long


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## skiff23 (Aug 19, 2011)

I am not giving advice, but i am a broker. I just delt with this on a parcel I purchased also.  
1  -  Once an easement is created, it runs with the land and the only way it is canceled is both parcels are owned by one owner and the easment cancels out.
2- Int the state of Georgia , you can not land lock a parcel of land. 
3 -  THe Servant prpoerty trying to landlock the land or block an easement , can be forced to sale the easement to the Dominate owner at the accessed property's value. 

All of these can be brought onto play  via court, if you are willing to pay the lawyer and court cost. It will also always be a problem neighbor next to you. I have been there, and my neighboro is still a scum bag , but I can still make him run when i show up ! 

Just make sure you are prepared for the fight  , Find a good Lawyer , and go at it !


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## Twenty five ought six (Aug 19, 2011)

skiff23 said:


> 2- Int the state of Georgia , you can not land lock a parcel of land.
> 3 -  THe Servant prpoerty trying to landlock the land or block an easement , can be forced to sale the easement to the Dominate owner at the accessed property's value.



I hate being contentious, and I thought I was done with this thread, but did you bother reading the previous posts?

Clearly not.

How do you explain away the Georgia Supreme Court decision referenced in post #26 that says;

2. *YES*, in Georgia you can landlock a parcel of land.

*3.  No*, in this situation, NO ONE can be force to sell (sic) an easement.

Do  you know something that the Georgia Supreme Court doesn't know?

Anyway, back to the issue at hand.




> It would be about a 15 foot wide (I think that is max by law) and almost 1000 feet long



If it's consensual transaction the width can be anything you agree to.  Fifteen feet is very narrow, and as a practical matter you should try to get a wider easement.

Also, you need to check with the county zoning/permitting department. When you get a driveway/easement that long, special rules might kick in.  In our county (next to yours) a 1000 foot driveway requires 50 feet easement, 20 feet improved access, and a turn around at the end.  The consideration is access by emergency vehicles.  You might not have an issue as you have an existing building, and don't need a building permit.

Price?  That's totally in the air.  I don't know about "insulting" the owner --he's not going to take less than he wants.  I'd start out by asking him what he wants for an easement.  If he doesn't want to sell one, you will know right up front.


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## skiff23 (Aug 20, 2011)

The way I am reading that decision , there was a 
"Reasonable Acces to the parcel when Sold". My interpitation of that is there was alreeady an access to the parcel in question. The owner or whom ever was looking for another access from someone. I still do not see where the land was left landlocked. The owner in that case had acces and sold a part of the parcel then tried to petition for access across someone else.  If we did little futher, i am sure we would find the land would be accessed through the origonal tract.  I am just like Jason 4445, it is taught in realestate school , you cannot landlock land. I don't think Mersac's case is on point, they voluntarily gave up access and tried to force access through another tract. Not the same.
In Sarah's case : The access has already been established from previous owners. Once the easment has been given to the dominate land from the servant land, it transfers with the land not the owners.
 She may have to petition the courts to have it enforced , but it can be done.


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## georgiabuck6 (Aug 20, 2011)

Like someone said earlier, go to your county's clerk or courts office and do some research , plats deeds, ext. If they carved the 50 Ac. Out then there will be an existing  ingress/egress easement on a fairly recent plat, county's require plats for lot divisions.. County's will not approve any land locked parcels with out these ingress/egress easements. I've been drafting plats for surveyors for several years, and know that for most of these laws for lot divisions. Hope you get it worked out.


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## merc123 (Aug 20, 2011)

I was trying to look up easements and something that came up is conservation easements.  If they have this 55 acres designated as "conservation use" which most with large acreage I'm sure do, it may be a whole different ball of wax.


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## merc123 (Aug 20, 2011)

§ 44-9-6.  Loss of easement by abandonment or nonuse 


   An easement may be lost by abandonment or forfeited by nonuse if the abandonment or nonuse continues for a term sufficient to raise the presumption of release or abandonment.



§ 44-9-7.  Effect of sale of property for taxes or assessments on easements or rights of way 


   No sale of real property under a fi. fa. for taxes or under a fi. fa. for any assessment for improvements shall extinguish or affect any easement or right of way in, over, under, or across said real property, which easement or right of way was created by an operation of law or by an express grant; provided, however, that an easement or right of way created by an express grant must be recorded prior to the recording of the fi. fa. for taxes or assessment for improvements under which the real property subject to the easement or right of way was sold.

§ 44-9-40.  Authority of superior court to grant private ways; filing of petition as declaration of necessity; when proceeding enjoined 


   (a) The superior court shall have jurisdiction to grant private ways to individuals to go from and return to their property and places of business. Private ways shall not exceed 20 feet in width and may be as much less as the applicant may choose or as the court may find to be reasonably necessary. They shall be kept open and in repair by the person on whose application they are established or his successor in title.

(b) When any person or corporation of this state owns real estate or any interest therein to which the person or corporation has no means of access, ingress, and egress and when a means of ingress, egress, and access may be had over and across the lands of any private person or corporation, such person or corporation may file his or its petition in the superior court of the county having jurisdiction; said petition shall allege such facts and shall pray for a judgment condemning an easement of access, ingress, and egress not to exceed 20 feet in width over and across the property of the private person or corporation. The filing of the petition shall be deemed to be the declaration of necessity; however, where it appears that the condemnor owns a right of access, ingress, and egress to his property over another route or owns an easement to a right of private way over another route, which right or easement is not less than 20 feet in width and which alternate route affords such person or corporation a reasonable means of access, ingress, and egress, or where the judge shall find that the exercise of such right of condemnation by the condemnor is otherwise unreasonable, the judge of the superior court is authorized under such circumstances to find that the condemnation and the declaration of necessity constitute an abuse of discretion and to enjoin the proceeding.


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## Michael F. Gray (Aug 20, 2011)

Each state has slighty differing statutes, but the principal is based on common law which has roots back to old England. If there is no other access to the property you can't be denied access. I've seen several cases where a property owner dug up a road preventing access. Within a mile of where I live patriarch of a clan gave or sold parcels of land on which homes were established on the rear of his farm. After an altercation he dug the road up with his backhoe. Emergency Court Order gave him the option of immediate restoration, or a finding of contempt which would involve his paying the expense of the road being repaired. He repaired it, ad is still angry about it. That was over 10 years ago.  Caution you about making certain there is no other access, nor ability to place your own driveway upon your property.


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## Twenty five ought six (Aug 20, 2011)

skiff23 said:


> .    If we did little futher, i am sure we would find the land would be accessed through the origonal tract.
> 
> No it didn't.  It had no access, that's why it is called "landlocked."  It's explicitly stated in the case that the plaintiff (person seeking the easement) did not retain an easement across the severed tract.
> 
> ...



FWIW, I can show you a substantial plot of land in Oconee County that is landlocked, and for the same reason.  Anytime the timber is harvested, a temporary easement has to be purchased from the adjoining landowner.


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## Twenty five ought six (Aug 20, 2011)

georgiabuck6 said:


> County's will not approve any land locked parcels with out these ingress/egress easements. I've been drafting plats for surveyors for several years, and know that for most of these laws for lot divisions. Hope you get it worked out.



Most counties don't require county approval of the plat until a parcel is divided into 3 parts.  So this set up would not have submitted to the county for approval.  Cutting 5 acres out of a larger tract such as this to get a home loan is a pretty common scenario, and as long as only one lot is created, the county doesn't get involved.

You can about bet that the scenario was that  there was a home on the 55 acre tract, and the owner went to get a re-finance on the house for whatever reason, and that particular lender insisted on creating a 5 acre "residential" parcel.  That way the county would not have been involved even by way of a building permit.  It's not an unusual scenario, and one that slips through the regulatory cracks, and it creates some unusual problems.  I'm aware of at least three cases locally where the larger tract does have access across a narrow strip on the front of the property, but the owner can't build on or subdivide the property because county ordinances require a wider ROW than the legal minimum, or in two cases, the access would be too long to be considered a "driveway".  

However, apparently some bank approved a home loan on the 5 acres and normally it would not do this without a deeded  easement.  On the other hand, in the go - go days of lending, that there was no deeded easement could have gotten overlooked, or a loan officer could have assumed that the driveway on the adjoining 50 acres was an easement. The loan officer would not necessarily be aware that the two tracts had common ownership.


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## SarahFair (Aug 23, 2011)

Wasnt me..
The SOs parents really liked the place and were going to help out with getting an easement or purchasing property to make a drive.

I am rather bummed about this one and kind of hoping it doesnt go through.


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