Easement Costs?
I am purchasing a land locked 80acre tract. Two tracts set between it and the road, a 20A and a 10A. All three tracts are 1/4 mile wide I believe. This makes the 20 and the 10 pretty short and narrow in my favor. The owener of the 20 (who is selling me the 80) has agreed to grant me an easment and he will pay for it. However I have not been able to contact the fellow who has the 10 acres. What is the basic cost of filing a legal easment if all parties are willing? How hard can the guy with 10 acres stick it to me if he doesnt want to grant an easment?
Filing the easement is cheap, probably less than $100. How bad the 10 acre guy can stick it too you is largely a function of state law. In english comon law there was a doctrine that automatically created an easment when your property was landlocked. Most states have since done away with that in favor of some statute on the subject. Check with a local attny.
I did look at this once, in florida. I figured I could file suit based on the common law doctrine and get them to settle. But I was only 30 feet from the road. Deal fell apart on other grounds so I never got the chance to find out.
Bottom line, unless your willing to spend thousands on a suit get the easement first or walk.
My question to you is why do you want the easement--is it for ingress/egress or do you want to subdivide and develop the 80 AC?
If it's the latter, then getting an easement might not do you any good. Municipal subdivision & land development ordinances often prohibit subdivision & development where the parcel does not own frontage on an existing street. If you want to subdivide, then I would make my deal with the owner of the 80AC contingent upon securing the requisite amount of frontage on an existing street.[ Edited by NancyChadwick on Date 04/10/2004 ]