Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 2/29/2024 5:39:40 PM EDT
Just as the subject states.   Someone I know is looking at some property and it's landlocked with no easement.    Seems like it would be a pain to get one, not to mention running utility lines a long distance to build.   Anyone ever run into this?

Thanks gang.
Link Posted: 2/29/2024 7:56:42 PM EDT
[#1]
Sounds like a bad idea to me.

Sounds like a lot of time, trouble and expense to me.
Link Posted: 2/29/2024 8:50:30 PM EDT
[#2]
Old farmer's place up the road from me is landlocked, though there is an "implied easement" due to the private road that crosses several parcels to get there.  I've looked to see if there is any written easement, because I also use that private road, and I haven't found anything.  After the farmer died, his kids held onto the property for a while, then sold it for something in the neighborhood of 1.5 million.  The buyer had all the buildings demolished (house, barn, etc), sat on it for a few years, then flipped it for a profit of maybe a million.  The local real estate market makes no sense.

I can only imagine the headaches they will have to go through, if they decide to build anything more than a shed on the land.

Link Posted: 2/29/2024 9:57:05 PM EDT
[#3]
Yes. TN law allows property to have no access.
Link Posted: 2/29/2024 10:03:51 PM EDT
[#4]
Sounds bad to me too.  And advised as such.

Thanks guys.
Link Posted: 3/1/2024 9:29:27 PM EDT
[#5]
Link Posted: 3/2/2024 7:05:56 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Woodsman20:
Pretty good info here.

https://legalbeagle.com/6956060-rights-landlocked-land-owners-tennessee.html
View Quote
Thanks!
Link Posted: 3/5/2024 9:10:48 PM EDT
[Last Edit: Merlin] [#7]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By JPN:
Old farmer's place up the road from me is landlocked, though there is an "implied easement" due to the private road that crosses several parcels to get there.  I've looked to see if there is any written easement, because I also use that private road, and I haven't found anything.  After the farmer died, his kids held onto the property for a while, then sold it for something in the neighborhood of 1.5 million.  The buyer had all the buildings demolished (house, barn, etc), sat on it for a few years, then flipped it for a profit of maybe a million.  The local real estate market makes no sense.

I can only imagine the headaches they will have to go through, if they decide to build anything more than a shed on the land.

View Quote
Sounds like a "Prescriptive Easement":

Express easement:  Created by a written agreement identifying the location, size and permitted use.

Implied easement:  Inferred by the facts and circumstances of the transaction, including severance of unity.

Easement by reservation:  Created by a grantor reserving the right to an easement in a transfer of part of the property.

Easement by prescription:  Created when a person, acting under an adverse claim of right, makes continuous, uninterrupted, open, visible and exclusive use of neighboring land for at least 20 years with the true owner's knowledge and acquiescence.

Easement by estoppel:  Created by the courts as a result of a misrepresentation or fraud by the owner of a servient tenement.



I live at the end of a one-mile gravel road.  AFAIK, there are no easement language in the lands along the road.  The road, according to USG maps, has been here since the 1930's.  A house has been on my property (since burned down) since the 1980's; so, a Prescriptive Easement has been well established for this and all the other properties on this road.  Hence, there is no way for anyone to close off the road or prevent travel along it by the otherwise landlocked property owners.

INAL; this opinion comes from my attorney, who is also the county attorney and has been for at least 12-13 years now.
Link Posted: 3/22/2024 12:50:14 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By arowneragain:
Yes. TN law allows property to have no access.
View Quote

Hmmmm..... thats not the way Ive always interpreted it.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top