land locked property

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land locked property

Postby Monroeduck » Mon Mar 06, 2006 6:04 pm

My understanding is that if you have a section of property that is landlocked with NO deeded easment the adjacent landowners are not required to grant any easement in the state of NC is that correct? Anyone have reference to this legally?

Thanks

MD
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Postby nclandman » Mon Mar 06, 2006 9:25 pm

By NC Law. NOBODY can be landlocked. That being said, it takes a court procedure/hearing to get access if there is none. It is not quick or cheap but the law provides for access.
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Postby Monroeduck » Mon Mar 06, 2006 10:58 pm

Can you share that law?

Also help me understand no quick or cheap? You talking about a year or years?

Also can you share some examples of cost?

I am looking at some land locked property and would have to figure that cost into buying. I don't want some 5 year legal fight that ends up costing me more than the property is worth.

The property has historical access that appears to be a trail/cut over the adjacent property.

Thanks.
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Postby Team Duckman » Tue Mar 07, 2006 7:03 am

Check your email!
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Postby Mr. Taxidermist » Tue Mar 07, 2006 10:02 am

Have you asked the adjacent property owners for access? Usually, they will be more than happy to grant you access because they know the law requires it anyway. That being said, you will be responsible for creating and maintaining the access road.
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Postby Monroeduck » Tue Mar 07, 2006 10:40 am

Not yet, I have only looked at the property online and with the aid of GIS and deed books, Going later this week or next to check it out. I will ask at that time. I just want to make sure that I don't buy it with a handshake easement and then they sell out and I am toast and locked out of this land.
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Postby Pot Hole » Wed Mar 08, 2006 7:08 am

I'm looking forward to a new duck hunting site next year. :thumbsup:
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Postby Monroeduck » Wed Mar 08, 2006 7:35 am

Dont get your hopes up starting to have some second thoughts but still going to see it before I make any final decisions.
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Postby Duck U 2 » Wed Mar 08, 2006 9:10 am

I've got permission to hunt a swamp that is now land locked. I hunted it for years before they built houses right where my access was.
I could still access it by using my 4 wheeler and coming in through some power lines, but I've aggrivated the deer hunters who hunt that area (by busting woodies while they were hunting in their stands)
I had a confrontation with one of them once, and I doubt I could talk them into letting me through. I don't know who actually owns that land.

I really miss that spot though. It was close to work, and I could hunt it before work from time to time. It's definately land locked. The owner sold it all but the swamp. :thumbsdown:
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Postby diverduck » Wed Mar 08, 2006 3:58 pm

landman is right, threre is no such thing as landlock in n.c. If access has been used in the past 7 years you have cartpath right of way. If not you have to look at how the enterance was used historically. You should have an 18 ft. right of way.Hope that may help.
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Postby Monroeduck » Thu Mar 09, 2006 7:41 am

The interesting part is the historical easement shows up on the GIS sat image.

It doesn't show up on the Mapsource City select as a road (but it isn't state maintained) HOWEVER it does show up on the Mapsource TOPO CD and Mapsource Roads and Rec CDROM.

I would think 7 years is a min this has been used but I still don't want to buy this property then get stuck in some legal run around costing me a bunch more money.
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Postby Mouse » Fri Mar 10, 2006 8:55 am

Monroe

Like several others have told you no land in NC can be landlocked it is a State Law. I use to work in Forestry and researched a many a deed and track of land. If you see a easment on old phots genereally speaking it should be the current easment. Most landowners will give you a easement becasue if its taken to court the Judge will award you a 50 ft rite of way in the most direct approach to the main road that will be deeded as such to you! The courts wil look at it like this they don't care if it goes through his field, front yard etc. By law they have to work with you if not wehn you carry them to court then the court system works for you. I use to run across a many of stuburn landowner in the past. Now you will have to maintain it because it suggests that you are a good neighbor. If you plan to research it by yourself I would take a day off go to that counties tax office first. There you can get a copy of the map with the tax ID's that will tell you who ownes it and what deed book number /page the lands calls are on. Also that map will tell you surronding neighbors tax ID's and where their calls are registered in the Deed books. Now when you go to register deeds carry a note book write down any info you find you need or they will make a copy of the page for you for $1. It will tell you all the calls of the land and if their is a easment it will state it. It will also refer to prior ownership and what book it was recorded, in there you will find out more info. It would help if you knew how to draw the land out that way you would know immediately if any bounderies have changed through time. Do this for the track you want to by as well as your neighbor that teh supposed easmetn runs through. I guarantee you will run across the easment wrote up in one of the tracts calls of the land. I will tell you this the Tax office is never right when they show boundries on maps as well as GIS. Generally speaking most tax maps are made to work in other words when tehy do teh overlay it does not always match up with the land underneath be careful there! Calls change with time N35E in 1951 could be N28E today but I wont get into that. You will also need to know how to convert old forms of measurment into todays commen used meathods. For example you will see terms like: Rod, Pole, Chain, Perch, etc not always in Ft and Inches. Man I wish I could take time off to help you its really easier than it sounds. If you need any help PM me and I will see what I can dig up. I use to be a pro at this work.

Good Luck!

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