Land For Sale In Alabama-Land Locked Property For A Better Deal Easement By Necessity
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If you are searching for a deal on land for sale in Alabama think about a
tract of land locked property to get the sales price down. A land locked tract
of land can be a nightmare to deal with but could also save thousands on your
negotiated sales price.
How and why would I deal with buying a land locked property,
this would have to be the first question you would ask yourself if you have
never dealt with land with no road or easement to it. The first thing we need
to do is set up a scenario to work off of so lets use a land tract lets say
twenty acres sitting behind a forty acre land tract. I know this is hard to picture in your mind
but letís forget a minute about everything except there is no legal access to
the twenty acres of land for sale in Alabama.
Where do you start, letís assume a few things in the closing
process like you have negotiated a great sales price on the land because it has
no road or legal access, also that the only thing left to do now is work out an
easement to the land. I would recommend predicating your contract for sale on
your ability to gain legal access to the land if not you will have a very hard
if not impossible time securing financing for the closing and this could leave
you open to a possible law suite for specific performance for not fulfilling
your contract obligations. We are also for this article going to use the
easement by necessity argument which is a very common issue in buying land for
sale in Alabama
and other southern states where property has been acquired through heirship,
meaning death of a parent with no will.
Letís say Mr. Smith purchased his twenty acres of land for sale in Alabama and an easement by necessity arises by implied grant when his
part of the original commonly-owned tract of land is severed (sold) in such a
way that either portion of the property has been rendered inaccessible except
by passing over the other portion or by trespassing on the lands of another. An
easement by necessity requires no written conveyance because it is a vested
right for successive holders of the dominant tenement and remains binding on
successive holders of the servient tenement. What exactly does this mean, if a
tract of land started out being sixty acres and the original land owner sold
twenty acres years before Mr. Smith purchased his tract and that twenty acres
lies behind the forty away from the main road then that twenty acres Mr. Smith
purchased is by legal definition not land locked and accessible by easement by
necessity or a must have for the right of way or easement.
This does not mean smooth sailing by any stretch, the owner
of the forty acres in front of Mr. Smithís twenty acres can fence or gate off
his twenty acres at any point and this will usually lead to court action so
better to get that easement in writing prior to your land closing. Take all
your legal argument with you and ask for a meeting with your soon to be
neighbor and try to work out a written easement which just solidifies your
legal right to the road or passageway to your land. If you canít work out your
easement with the neighbor get an experienced land attorney to file suite for
you and do not waste your time on an attorney with no experience, ask how many
cases he has filed and more important how many he has taken to court and won.
An inexperienced attorney will cost you time and money and donít think if he is
bad enough that he canít lose this sure win way, a bad attorney can kill this
process I have used many legal arguments in my days of buying and selling land
and easement by necessity is always the easiest to prove sometimes you will be
challenged in court but thatís how you negotiate a cheep price and remember
this may not become an issue for the original land owner until there is a new
owner in town, you.
There is a lot of land for sale in Alabama that is land locked and that is a
perfect opportunity to save thousands of dollars buying your land. If you have
the patience and fortitude to buy land locked property and work out the
problems you could save as much as half of the purchase price of the land.