Wednesday, April 4, 2007

Landlocked property and easements

We are looking at a property that has no access…how can that be?

Nevada law allows for property without access to be landlocked. Be aware, however, that just because you are being told that there is no access, it doesn’t mean that there is no legal access or way to gain legal access. There are, on occasion, ways to favorably solve the problem.

The first course of action is to look at the chain of title, and maps or deeds that created to subject property. The chain of title will show you the past ownership of the property – everybody that has ever been in title. If there was common ownership at one time, the public domain excepted, then you might be able to obtain an easement due to the function of law known as Way of Necessity. Your attorney will help you evaluate this possibility.

For many years access was granted in deeds or notes on the map when the property was created and/or sold. These are often overlooked, but with a little research you might change the value and function of a property. This work might involve reading the deeds of the property you must traverse if the easement was granted as an exception on that deed, not a “together with” on your deed. It’s a great feeling when you find an easement in the deed of the neighbor that has locked you out.

If you can’t find existing legal access you might consider approaching the proposed servient property owners – those that own the property you are looking to traverse, for access. There are many ways to evaluate what such an easement is worth. We’ve seen them granted for free, and others cost as much as $725,000. There are many variables, details, and motivating factors that contribute to what an easement is worth to a property owner. You will have to make a comprehensive assessment of your options and situation to make the final determination. Your agent can help you compile the information and make your decision.

Our Advice: Do the homework. Find out what is really going on. Solving the problem is where money is made in real estate. When you “unlock” a property you can realize dramatic results. You should contract for a property up while you research it. That way, if you do find the “key” to unlocking a landlocked property, you will realize the gain for your efforts. Don’t close on a hope and a prayer if you aren’t sure that you can get access. The price must reflect the risk you are taking … before you get results.

Be careful when dealing with landlocked property… unless you own a helicopter. There is risk, and there is the possibility of a good return. Respect private property rights while you do this, and don’t trespass! Nevada law applies in Nevada – don’t base your decision on your experience or knowledge of State law elsewhere – you might be very disappointed.

When it comes to choosing professionals to assist you with your real estate needs… Experience is Priceless! Lisa Wetzel & Jim Valentine, RE/MAX Realty Affiliates,, 775-781- 5472

1 comment:

Anonymous said...

What a great web log. I spend hours on the net reading blogs, about tons of various subjects. I have to first of all give praise to whoever created your theme and second of all to you for writing what i can only describe as an fabulous article. I honestly believe there is a skill to writing articles that only very few posses and honestly you got it. The combining of demonstrative and upper-class content is by all odds super rare with the astronomic amount of blogs on the cyberspace.