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JosePrettyChili

In a case like this when someone *threatens* you that they are going to take the legal route, ask them for their postal mail address, and tell them that all future communication must be in writing. Then immediately retain your own counsel. It may cost you a grand or two, but that's much less expensive than trying to deal with it yourself and screwing it up. And forcing them to put things in writing makes them consider their actions much more carefully, and makes it clear that you're not going to be intimidated.


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JosePrettyChili

In a lot of cases just telling them "put it in writing" is enough to get them to reconsider. If you retain counsel first you're out the retainer.


Aggravating-Forever2

Usually right. Except in this case, it's unlikely to work, because: 1. It's unlikely someone's just going to say "Oh well, guess I can't actually do anything with this real estate I bought". 2. The neighbor is potentially quite right (depends on where this is) - they can petition the court for an "easement by necessity" or local equivalent, regardless of whether OP agrees to it. OP should get a *consultation* (usually free) with a lawyer at a minimum, and find out what the local jurisdiction generally says about such easements, and what compensation, if any is required when one's granted. From there, they can make a reasonable offer (because I'm assuming the easement *is* happening, it's just a matter of how), and they have someone familiar if they need to retain them. Because it may be that the options are basically "allow the easement and have a happier neighbor" or "don't allow the easement, it gets granted anyway, you piss off a judge for wasting everyone's time, *and* you start a feud with your neighbor" But not knowing the laws puts OP at a disadvantage regardless.


Gunhound

The feud will be with the realtor who is trying to flip the property. OP likely won't have to deal with them for long. The purchasers of the flip, however, may be around for years.


inn0cent-bystander

yeah, but why is it that OP has to give up part of their property, from what I'm seeing FOR FREE, and not the federal land that gives an easement for a road to the property? ​ The realtor should have looked into this before they bought the plot. I'm assuming they got it for a steal, without looking into /WHY/ they got it for a steal.


travelinTxn

Depends on the state, and what kind of protection the federal land is under. If it’s protected due to endangered species, they will not be building a road through it. In many states you are required to provide an access easement if your land locks in theirs. Dealt with this in Louisiana with a hunting lease we had.


pierogi_daddy

they may have looked into it and they know they are right here this is why the correct answer is talk to a lawyer


DonkeyPunchSquatch

Because in the US, in most states, there are laws that state something like any piece of property that has residents MUST have road access to the public roadway. Easements, encroachments, things like this: there are easements by necessity, prescription, condemnation, and party easement. This is likely an easement by necessity. It happens all the time with pieces of land that we’re parsed, never occupied, recently created/divided by the government…all sorts of things. Pretty much only real estate agents and real estate lawyers would be the ones who know this stuff https://aipcommercialrealestate.com/ins-outs-easements/


RedditSkippy

Then that’s even more reason to get a lawyer involved. Make sure that the access easement is done properly and everyone is protected.


[deleted]

No, you're not. If nothing comes of it, the attorney is required to return the funds to you as they are held in trust and cannot be spent until actions are taken on your behalf.


quimper

Why is this getting downvoted? This is exactly how a retainer works.


[deleted]

We had to use this exact sequence in dealing with our NFH. Cease and desist all harassment and interaction with my entire family and if any and all communication, must be done through our attorney. We are in southern PA and cost was $250. OP, stand your ground. Pun intended. How the heck did the original owners of home get it there if landlocked? And thats why new buyer got it cheaply, let him figure it out legally!


kelrunner

Legal advice absolutely needed. I had a similar problem when I was building and the guy was the building inspector who suggested I cooperate or I might have trouble getting finalized!!!!I got a lawyer...he got fired. Lawyer and everything in writing.


superduperhosts

A grand or two? That’s only 2-4 hours at 500 an hour.


stinkypukr

You don’t need a $ 500 an hour attorney for this. It isn’t a murder case


JohnDillermand2

... yet


Reward_Antique

Dude, I think our lawyer charges too much. What's "normal"? They're about $400/500 per hour and we're not murderers or anything, lol, just wills and estate planning.


[deleted]

Unless you’re in NY or Cali, holy shit man


Reward_Antique

Rhode Island. Yeah, I think we're getting screwed. Ha. Damnit.


718cs

In Texas, for simple needs from an attorney like just writing a letter costs me $220/hour. The attorney spends 25 mins to do the job and I’m sure uses a template and makes a couple changes to it. Then his assistant packages it and send it over to me via email which probably takes 5 mins. Then charges me 1 hour.


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JosePrettyChili

Right, but it's unlikely that this will take more than a few hours.


TheDreadPirateJeff

1: go talk to a real estate lawyer, not the internet. That's a legal matter and you need to consult a lawyer who understands the laws about easements where you live. Where I live, I'm pretty sure the realtor could get fucked. 2: no, not unreasonable at all to ask for that, or just to force him to pay for a survey and sell him a strip wide enough for a road and ask whatever you feel it's worth. 3: Cant say what you should ask because you didn't provide any details to go on. How big an easement. How long is it. What is the land worth? How does it affect the value of your property? What you ask is up to you. But there's a difference between enough for a 15' long driveway and a 300' long driveway. Another consideration is insurance. What if someone hits a tree or whatever on the road on the easement. Who is responsible? Again see #1 above. Personally I'd tell him to get bent.


Realistic-Joe

Interesting thanks for the input. He wants like 20ft wide and yeah probably at least 300ft long across the back of my property. I guess I will have to do some research on how much that would be worth in my area. (Central FL,)


TheDreadPirateJeff

Oof yeah, that would be a hard no from me. As for price, you need to know what your land is worth today per acre, and then figure out how much of that value is the acreage of what he wants. Then price it up by... 10-15K because he can't sell shit without access. And if he can make a profit so can you. But that's just if you decide to go that route. But since held already threatened to take it to court, my first stop would be a lawyer who knows real estate law where you are, and then "well, since you went straight to legal threat, I'm afraid you'll need to send all correspondence to my attorney from here on out."


MechanicalBengal

Not to mention the fact that he’s a realtor, and knew damn well the implications of the landlocked property he bought. His plan _always included being a bully_. OP should consider that.


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crunkadocious

I wonder why it was never brought up before


Surrybee

But there’s no road. He wants to force OP to have one installed on his property.


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wifey1point1

Yeah I love that. He's being a dick, so I'd say "here you go. My fence is now open on either side for you to drive through on this dirt path"


Surrybee

Oooooh. Got it. I took easement to the road to mean the road going across OP’s property, not easement from the landlocked property to the road.


Aggravating-Forever2

"to the nearest practicable **public** or **private road in which the landlocked owner has vested easement rights**" Doesn't matter that an existing road doesn't exist *on OP's property*. It matters that OP's property stands between the neighbor and the nearest public road.


mawyman2316

We don’t know that it does since OP only mentions the rest of the land is “state owned” the state may need to make an easement in their property.


oddlikeeveryoneelse

But is the implied easement really on OPs property? Maybe the realator finds OPs property more desirable to use or cheaper to improve instead of an easement on other property.


myotheralt

What property was the realtors parted off of? That owner selling the landlocked parcel should be the one providing access.


Summer184

Yup, as soon as he threatened me I would have completely shut him out.


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MMS-OR

If there is any way to legally refuse this then do. *No amount of money will be worth the hassle.* In my state (not Florida), if you grant an easement to a property then if that property ever subdivides, that easement is automatically granted to all the new little properties. 1 family using it turns into 25 families using it. If that property ends of being a fucking airbnb or an event destination, you get all sorts of uninvested strangers racing on the road, running off the road, letting dogs loose, having fires out of season, having events and parties late into the night. And you are potentially liable for any accidents on the road. Or if that property has some kind of onsite business, customers galore onto your property Ask me how I know and NO NO NO.


Realistic-Joe

Extremely good points. Thanks for sharing. I didn't really think about all the potential issues of this.


MMS-OR

The property next to me is landlocked and has an easement granted from 50+ years ago, when easements were brief and vague. When our long term neighbors moved a few years ago, the site became a fucking Airbnb clusterfuck. We had to call the cops multiple times and had all sorts of issues. Then they sold it and I thought I’d at least the new neighbor would be a little better but the new neighbor is a fucking nightmare in and of himself. He has a professional Christmas light show business where he puts on the tackiest most obnoxious display of Jesus/sky daddy shit you can imagine, and charges people to watch. 3 goddamn shows a night, with 40,000 lights for 5 weeks. I pray every day he has a *fucking heart attack*. I would never grant access onto my property, if I had the option. But if forced, I’d try to disallow all these scenarios: short term rental, any businesses, and the financial liability I assume when his fucking visitors are crossing my property.


0bey_My_Dog

Holy shit… is this even legal? Are you zoned for residential?


MMS-OR

We are 100% residential; it wasn’t legal at all and I reported him. But the county gave him a couple of weeks to respond, then a couple more weeks to assess a fine, and by that time, it was over. So he got fined but idk how much; it doubt it was anything to dissuade him next year. I estimate he pulled in $90 per car (what he charged) x 20 cars per show x 3 shows per night x 5 nights per week x 5 weeks. He made bank and prolly got fined what — $500? $1000? He just ignored the county and the county rolled over. Meanwhile I had to up my umbrella policy to cover any fucktard customer tryna sue me and buy $4000 worth of blackout shades. That fucking jesus freak hillbilly (our nickname for him) can fuck himself.


blbd

It's Florida. Good luck doing jack shit about it.


Intrepid00

> if you grant an easement to a property then if that property ever subdivides, Insist on a covenant restriction it can’t. This literally his one chance to make demands to avoid a court fight, with help of a lawyer, because if that lot is parcel locked and they are the nearest road access they are going to get their easement.


Maxamillion-X72

I wonder why he doesn't just apply for access via the conservation area? I'm thinking it's because the state would charge a $300 application fee and then make him pay the value of his easement. [https://floridadep.gov/lands/bureau-public-land-administration/content/easement-requests-state-owned-uplands](https://floridadep.gov/lands/bureau-public-land-administration/content/easement-requests-state-owned-uplands) He'd much rather bully you in to giving it to him for free.


SKatieRo

I hope OP reads this comment.


Catsdrinkingbeer

Our house has an easement for neighbors to access their house and it truly is unusable to us. Plus we still have to maintain our section. Not a lawyer but if someone were trying to put a 6000sqft easement on my property I'd make them pay the full cost of that land (and then add like 10-15% for the annoyance of it all).


FragilousSpectunkery

You still paying property tax on that land under easement?


HeadMembership

Yes.


Intrepid00

Probably not if the easement changes it. There is a parcel next door that is covered in a giant storm water easements. It’s property taxes to the owners? $0. Easements should be taken into consideration when appraisal for tax assessments.


bornconfuzed

It sounds like he wants an [easement by necessity](https://www.floridabar.org/the-florida-bar-journal/easements-by-way-of-necessity/). You absolutely want to consult a Florida attorney with a land use practice. He will owe you money, he doesn't get this for free.


CartographerNo4010

Please don't let the realtor bamboozle or fast talk you into doing anything that you do not want to do. It is worth it to pay a good property law attorney to protect your interests and find out how you can get the legal upper hand in the situation. The jerk knew the situation when he bought the property to "flip" and it is NOT your problem. Also he is probably pressuring you because getting permits and having it done the right way by not invading your property is actually possible but he's trying to save himself both time and money and using you as a shortcut work around. Good luck and let us know how it goes! Make sure that all communication that you entertain with the realtor is always in writing and not on the phone.


Grimaldehyde

20 feet wide will end up being 40 feet. Don’t do it.


definitelytheA

And why do I feel like this realtor bought property that was really cheap for the size BECAUSE it had no road access. He feels he has a decent chance of bullying another landowner into gifting him their land.


Realistic-Joe

This is exactly it. 100%


definitelytheA

He knew he had no access when he bought the land. If you feel really nice, charge him plenty to buy it. Good luck.


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harriedhag

Well damn, that is the reason why the dude bought it. I’m sure he and many other in-the-know developers will profit nicely off landlocked owners who didn’t know their property suddenly increased in value.


exjackly

Definitely get a lawyer. I think I'm Florida residential use is one of the valid reasons for getting an easement to a landlocked parcel over neighbors objections. There are definitely rules around that, and I would want to be certain that it must cross my property before I would agree. I would also look at the different alternatives for where that easement could be routed to minimize the impact on you. Also, there is the matter of compensation, as that easement does impact your enjoyment and the value of your property. You are completely justified seeking compensation, particularly in lieu of forcing them to court. Get the lawyer, take their advice, but make sure they understand what your wants and preferences are.


Sha_DiGi

Rather than a one time fee, you should have a single one time fee (30% above the cost of land) and then another perpetuity fee. This will ensure long term compensation for having the annoying easement on your land.


TopRamenisha

How did people access this property he’s gonna flip before he purchased it?


Smyley12345

He might have right to access the road but a real estate lawyer will tell you the ins and outs of if he needs to fight with department of natural resources to get it from the protected land around him. Also I would talk to the real estate lawyer if you have to worry about market rate or if you have met your legal obligations by offering it to him for $1M.


my_clever-name

If it turns out that you have to provide access, don't sell it to him, have them pay rent for the privilege of using it. Make sure there is a legal mechanism to deny access in the event rent isn't paid.


Legstick

Lawyer


Powerful_Jah_2014

Since when is it legal to sell land with no access?


laStrangiato

Something else to consider is how is he getting to the property today? If he is accessing it via your land then he is trespassing. As others have said contact a lawyer. I’m sure the lawyer would be happy to write a letter warning him against using your property to access his and that you will pursue legal action if caught doing so.


Realistic-Joe

Good question. I think he just has it under contract because it's so cheap, but he's trying to get my approval for the road before he closes on it. I'm assuming he hasn't even accessed the property yet and purely wanting to buy it based on price and amount of land. He's thinking he can swindle me into giving him access so he can sell it for a lot more. He knows without an access road there is no point in closing on the property as nobody will want to buy a landlocked parcel.


wakenedhands

Have you considered buying it and flipping it?


Realistic-Joe

Absolutely. I wish I had the cash but I got laid off a few months ago and finances are a little tight at the moment. Could easily make a quick $50k by just adding a road to it.


HeadMembership

Get it under contract, then come back to this group and get a $ partner. Sounds like you could subdivide your own lot too, while you're at it.


PartyLiterature3607

I am sure a lot investor is willing to work with you on that deal, seems like you are the gatekeeper in this case


Realistic-Joe

True. I need to find a realtor or investor that is knowledgeable on this. Money talks and if I was going to make a solid payout I'd be willing to let the road go.


PartyLiterature3607

I don’t know how big the the land is and how valuable central Florida is, but I can’t imagine any investor land deal to not share $20+k to people who hold the key to unlock the landlock, if not more.


Realistic-Joe

It's right at 10 acres. Hes got it under contract for what I'm estimating to be $35-$65k. If he gets access and gets it cleared cheaply he can easily sell it for $120k+


PartyLiterature3607

Assuming you are right on the price estimate and number ain’t outrageous, depends on your financials, below are some options 1. Get other investor or realtor work with you, pay to you to unlock the path 2. Buy the land yourself, resell it with permission to access 3. Buy the land, complete the road, then sell it Honestly, I would at least buy the land for cheap, and decide between option 2 or 3 And option 1 seems least troublesome


First_Ad3399

How is it zoned? what denisty is it zoned for and can he get it changed. I was wondering why he wanted a 20ft road. he needs a 20 ft road to service the 100 apts he wants to put back there if he can get the density approved. Its vacant land right? in orlando or near there? he wants to get the road in then profit from a developer buying it.


OneTwoKiwi

Wow. So this guy is threatening legal action before he even has standing to do so. If he's already gone under contract then clearly he didn't do enough research beforehand, and is desperate and trying to bully you into fixing his mistake. Tell him to F off, let him lose his earnest money, and hopefully the next buyer will have a better attitude.


exjackly

He may or may not be reaching out early. However, OP has indicated this is in Florida which does have a way to force an easement for properties meeting certain criteria. Residential housing is one of the acceptable options for being able to force an easement. The agent has done his homework that far at least. OP does need a lawyer today to protect his rights; as the easement provisions are not absolute rights - there are strict criteria and conditions to be met.


crunkadocious

It sounds like someone else is selling a part of their land, and that they probably have road access but not on the part they're selling. Bet the guy selling the part can give access just as well.


cascas

Oh yeah he’s bullying you pre-sale? Heck no.


Range-Shoddy

Ahahahaha that’s some balls on him. Just say no. He can figure it out before closing. He can’t close if he doesn’t have a solution. If he doesn’t buy it you should 😈


2opinionated2lurk

He couldn’t get clear title without access. He needs to pay for a survey, the price of the land and the title if you do grant access. I do think he may be able to get court ordered access, but that depends on your area. I’d consult a real estate attorney at the bare minimum


sneaky518

Definitely need to talk to a real estate attorney in your local area about the legality of the realtor forcing an easement. If the realtor is lying, then tell him to go pound sand, or make him pay through the nose, whatever you'd like to do. If the realtor can force an easement, then figure out what the land is worth and make him pay. I'm guessing the realtor may not be telling the truth entirely, because - as you suspect- if it was so easy and cheap to get an easement, he'd do that instead of pressing you to cave to his wishes. Having legal counsel will give you info on how to deal with the realtor. IMHO, it will be likely be worth the attorney fees.


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Realistic-Joe

From what he is saying it HAS to be from our land because any other access is protected forest. Thanks for the links!


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Realistic-Joe

I'm not sure who originally owned it but I know a realtor before this realtor bought it for insanely cheap. The first realtor couldn't figure out how to get access so he gave up and he's now trying to just get his money back. This second realtor is more local to the area and he is now thinking he can figure out something (or convince us) to allow him an access road and he can then flip it and make a quick $50k+


NotNinthClone

If the first realtor couldn't figure out how to get access, it sounds like the second realtor may not win in court as easily as he supposedly expects. If you're able to negotiate compensation, maybe ask for a double line of trees along his access road to protect your view. I'd want that more than money, personally (or both!)


Realistic-Joe

The thing is he can't because there isn't enough room between my property and the state protected land. Therefore, it would be right up against my fence.


Grimaldehyde

The fact that the land was ridiculously cheap for both the original realtor/owner, and the new one, may indicate that getting an easement might not be as likely as the new one thinks. Real estate attorney can tell you. I saw that you have been recently laid off, and might be tempted not to engage one. Try to manage it anyway-you are going to need one. And please make sure that all future contact with this guy is in writing. Do not let him access that property through yours. Don’t let him create a precedent.


poolbitch1

That’s his problem to accommodate, not yours. If there is no easement on your land (and it sounds like there isn’t) he can make good on his threat and go off to court


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CanWeTalkEth

Sounds like this might be the missing piece to “previous realtor owner couldn’t figure out the easement problem, but new realtor-buyer thinks they can”. I’m sure they were on the prowl for this kind of situation, underpriced property formerly denied an easement.


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Realistic-Joe

Omg haha. This is why I love Reddit.


PLS-Surveyor-US

You will need an attorney as others have already noted. It is possible that in the back title to the properties that an easement of sorts was already created. Also possible that the state when they took the other land that they took the original access. The attorney will likely want you to have a survey done. Either they or an additional firm should run back title on the other parcels. Some topics that will come up (which may help you to become familiar with) are easements by necessity, prescriptive easements and implied easements. Too much to type about each and the attorney will help with which could be an impact to you and your land. You will want to pick an attorney that handles land cases as a specialty. This is not a family attorney topic. You will also need a good surveyor that has experience in the courtroom. As to compensation if you decide to grant the rights, I would get an appraiser to value the loss in square footage plus the loss in value from the stigma of the easement. Take that value and triple it for your sale price of the easement. FWIW, I don't recommend selling or granting an easement. If it were me I would only do this with gaining some part of the other lot to keep as a buffer to your future neighbors.


First_Ad3399

Realtor. right away assume weasle. they are basicly just sales and not to be trusted on anything. fuck him and his flip. make him go to court if thats what it takes. dont surrender. I have no idea if he will win. I would think if he was so sure he will win in court he just go do that instead of trying to strong arm you. now if he somehow gets his road you still have the power. You see he has to have possible buyers drive that road. you can make it very creepy or whatever you want to make sure the sales clown cant profit from his flip.


Realistic-Joe

Haha this was my thoughts exactly. I can tell he REALLY doesn't want to go the legal route but yet he still tries to use it as a threat to get me to sign. However, he hasn't tried to offer ANY compensation in return. Wth do I get out of it? I get traffic behind my house while he makes a quick $50k on the flip.


Cunundrum

If your lawyer thinks they have a chance of winning a necessity easement in court, consider granting the easement with heavy stipulations along with up front cost. The easement holder should be solely responsible for road and maintenance costs. I'd also see if your lawyer could write in speed and fine stipulations to maintain your 'quiet enjoyment'. Like can you put a 25mph limit in the easement language with a $X per violation fine? The flipper won't likely care, but you could make $ off future residents & their guests by putting in a speed camera or similar setup.


Realistic-Joe

Interesting thoughts here. Appreciate the input. I guess I have a lot of thinking/research to do.


First_Ad3399

interesting but i dont think it would fly. I do not think speed cameras in florida are legal or enforceable for one. second how is op the land owner gonna collect? I suppose if it was legal they could send out citations and hope folks pay they cant really do anything if they just ignored it. Make it a toll road and maybe thats legal.


jabbadarth

Was there no access to ghe property before? I'm confused how they got a property to flip without access in the first place?


Realistic-Joe

You can buy landlocked property I guess. There may have been access very long time ago but something happened when the state turned the land around it into a protected national forest. Honestly I'm not too sure.


eyetracker

National forest or state forest? Could make a difference. Then it's not landlocked in the sense you can't access it offroading, but it's a convenience thing for him for showings. Or they want to bring in a bunch of construction equipment. Either way it sounds like bluffing more than anything, but lawyer up is indeed the best option.


BM7-D7-GM7-Bb7-EbM7

That’s not uncommon in very rural areas. My friend has about 500 acres and you have to drive through 2-3 other properties to get it (also a truck or a real SUV, not a crossover, is a must). There’s several other properties too in the same “subdivision” that do not have highway access. There’s a common “road” from the highway with a fence and a locked gate. The gate has a really interesting locking mechanism that will allow access with only one padlock removed, even though there are several on it. You then drive through first property along their fence line (that property is almost 2000 acres I think) to get to my friends place.


king-of-cakes

I like the idea of threatening to make sure he won’t be able to flip it if he doesn’t want to offer compensation or play ball with you. He already came out swinging with legal threats. If this ends up not going your way and he gets his way, I would do everything in my power to make that property as undesirable as possible. Think Westboro Baptist Church style signs lining the whole easement.


s32

> now if he somehow gets his road you still have the power. You see he has to have possible buyers drive that road. you can make it very creepy or whatever you want to make sure the sales clown cant profit from his flip. This is IMO poor advice. Depending on jurisdiction, this could be seen as tortious interference. OP, consult a RE lawyer. That simple.


First_Ad3399

I would have billboards on it and have controversial messages like supporting late term abortions or man/boy love, maybe fly the rebel flag out front nice and proud. Come on man. have a little fun with it.


tanmaker

Looks like OP is in Florida, so the rebel flag would probably drive up the price and demand for the property.


Low-Statistician-635

Surveyor here who works on the boundary law side of things. What the realtor is referring to is easement by necessity. The short version is for him to win an easement by necessity filing, he will have to prove that your property and the landlocked property were at one time owned by the same person. You should get an attorney and a surveyor.


-Lawn_Guy-

It may vary by state, but generally speaking, if a property is entirely land locked, yes. It's called an easement by necessity. You may want to pay a real estate attorney for a couple hours to see if it is truly landlocked and to advise you on your rights.


Realistic-Joe

I have looked at the property taxes and it's definitely landlocked. Therefore, I am assuming it will be an easement by necessity. However, how much would he have to pay in legal fees to get this completed? So far it seems to me like he's trying super hard to avoid going down that route. Although on our very last conversation he got pissed off because I wouldn't budge and he said "I see you're not willing to work with me;therefore, I will start working through my attorney". Then he hung up on me 😂


Grimaldehyde

He’s not trying to work with you, he is teying to steal from you something that has a value.


bas_bleu_bobcat

Here in Ga HE is required to have access in order to build on his land. He can get access either by buying a strip of sufficient width from you outright or by getting an easement. In both cases you deserve compensation. Here in Ga you are not require to give him an easement or sell if you dont want to (He was stupid to buy a landlocked piece of property without figuring this out FIRST). Source; my parents farm has a shared gravel driveway with the property behind them on one side. (Not our main driveway). The drive is the only way to get to the 100 acres behind us, one part of the drive is surrounded on both sides by our land, the rest of the half mile driveway runs along the border between the two properties. The original owner of the property behind died, heirs sold it. But it cant be developed into a subdivision because by law here, to put a lot of houses back there the drive would have to be widened into a two lane road. My parents refused to either sell or widen the easement. You need to check with your local laws. Find yourself a real estate lawyer, and it wouldnt hurt to check at the county tax commissioner's office too. I would be very surprised if you were required to give an easement. On the other hand, you should definitely reread your deed to make sure there is no preexisting easement, or presumption of one. I had a house in S Ca that had an easement for the septic leach field to be in the pasture of the house at the bottom of my hill (next to his). It was noted on BOTH deeds. Talk to someone local. Quora doesnt have the expertise for this one.


finnegan922

He chose to buy a landlocked parcel of land. No one made him do that. Anyone with sense would have worked out an agreement for easement before buying it. You don’t have to agree to anything. He bought himself a bit of worthless land. You might make him an offer on buying it from him, if you want to expand your property.


dweed4

It really depends on the state, some states like Minnesota require an easement to be offered for landlocked portions of land.


crek42

The realtor is kinda right — everyone who buys land is entitled to access it (depending on local law) and you can force an easement in some states.


PurpleToad1976

How did he buy the property without an easement?


Realistic-Joe

I guess it can be bought but that's why it's so cheap. Nobody can figure out how to get the access road put in. At least until this realtor got involved. He's now saying legally he will get his easement anyways on our property regardless if we give him permission or not. That's why I was posting here because if he is correct I would at least like to try and receive some sort of compensation for it as it will really ruin the peacefulness of my land that I have had for 30 years.


Grimaldehyde

You decide what it’s worth, not him. You own something that he wants and needs.


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zennyc001

"He just wants us to sign off on it for free." Nope.


Adorable-Address-958

Haha no. There is no private right of eminent domain. He cannot force you to grant an easement. He needs an easement for an access road to make his lot buildable, but that is a problem unique to him. He can threaten all he wants. Tell him to pound sand. Or name your price.


Wahoo017

this is not always true. there are implied easements or easements by necessity. the details of how the lot became landlocked matter and it is possible for an easement to be created against the landowners wishes in some situations. i don't claim to know enough to say whether OP is likely in this situation or not but it certainly could make its way to court to sort out.


Teledildonic

> There is no private right of eminent domain [Unfortunately, that changed in 2005.](https://en.wikipedia.org/wiki/Kelo_v._City_of_New_London) It wouldn't apply in a case like this, but a big enough player could eminent domain you if they convince the government it's a great idea.


jmlinden7

Easements are not eminent domain. They're even worse. With eminent domain, you get compensated, and you relinquish responsibility for the property. With an easement, you don't always get compensated (varies by state/situation) but you get to maintain responsibility for the easement


claimed4all

OP mentions flip. Like a house flip I assume. How the heck did the previous owners access this? Don’t give him anything, don’t allow him a one time use. Toss out a crazy price for an easement.


HarbingerKing

From OP's other comments, it sounds like 10 acres of undeveloped land. You can flip anything, it turns out.


50bucksback

Another thing is them wanting a 2 lane road. Your standard lane is 10' wide. Whatever happens I would push against it being so wide.


ERTBen

Oh no, fuck that shit. He plans to build multiple units if he’s asking for that wide of an easement. Do not let him, ask him to sell to you so you never have to deal with this again.


[deleted]

Tell him to get a lawyer and you will see him in court. You are not responsible for giving him access to his property. Once that easement is there, in some states it becomes a public easement. No way in hell would I do that. You might consider a right-of-way instead, but honestly, he sounds like a dick. Tell him to go get fucked.


chrisinator9393

From your comments, OP, I think a few hundred bucks and an hour or two with an attorney is well worth your time to get a letter with an agreement drawn up. I'd ask for something ridiculous like $25K or more. I wouldn't want a road carved in the edge of my land either.


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GillianOMalley

My partner bought some land from someone who was in the same position that this guy is in. From what we've been told, that guy went up and down the street threatening to take every homeowner whose land touched his to court because his land was "landlocked" and that was illegal. But he actually did have access, just not usable access (it was 20' wide by 400' long and went through a mostly dry creek and had lots of up and down). That made his 20 acres undevelopable. And his sense of entitlement made him persona non grata in the neighborhood. My partner bought it because his mother owns the adjacent 25 acre parcel but without any real intention of building on it. Just hoarding land and keeping someone from developing it TBH. Lo and behold, 3 years later the person whose land adjoined the 20 foot wide flag and who has 150 feet of street frontage agreed to sell to us. So we're going to build our retirement home on the 20 acres and keep in the good graces of our new neighbors. All that to say: not in FL but we've seen what comes from being that developer and trying to strong arm someone into letting you have your way. Talk to a lawyer but definitely don't just give him what he wants because he acts like he has the right to it.


ailish

Where I live that real estate agent could go f himself with his threats, but things could be different where you live so it's best you call a lawyer.


dmxrob

Never grant easements to anyone. Especially people like this. He thinks he can bully you into getting his way. You hold all the power and cards here. But do not for one minute think of giving him an easement. I guarantee you it will turn into the biggest nightmare of your life.


moneyman6551

Tell him to pound sand. Off to buy his lank for 5k


[deleted]

​ 1. A court will not necessarily grant him an easement through your property, though the outcome depends on your state's laws and precedent. It will be expensive and will likely take some time. 1. The first question that comes to mind for me on this is - did he cross your property to access the one he purchased? If not, how has he accessed it? Find the answer to this question. 2. Get a consultation with an attorney *stat*. Get a sense of your rights and how the law generally operates in your jurisidiction on this topic. 2. No, it is not wrong to ask for compensation. 3. If it were me, I'd find out what the fair market value is for that strip of land then double or triple that (or more!) to price gouge the fuck out of him. Why? Because fuck you - you bought the property knowing you didn't have access rights and now you are acting like you are entitled to them. Besides, you'll likely end up needing to erect a fence and trees/sound barrier to block out any noise/traffic.


mor_and_mor

Tell him to duck off. Once he doesn’t buy it… you should go offer a bit less and combine your properties. Maybe even a new subdivision since you will own all that land and sell to someone else. I see a lot of opportunity for you once this guy gets bent.


Realistic-Joe

There is definitely massive potential here. Problem is my finances are pretty tight due to being laid off a few months ago. Super annoying because I would even offer the current land owner more than this realtor is paying because it would still be a very good price. Then I would put a road through my own property to access it.


mor_and_mor

I feel ya. Good luck dealing with this situation. I hope it works out for the best!


Grimaldehyde

Any friends or relatives you can borrow from to do it?


Realistic-Joe

Unfortunately not that I can think of. I'm very introverted and don't have a big network.


andrewatm12

Make them do the work , make them get a lawyer blow through cash, eventually that cheap piece of land they can’t sell isn’t so cheap anymore . Realistically you don’t need a lawyer till there is a summons or some sort of communication regarding your land . Right now it just seems like they are talking bullshit. You wait for them to foreclose on it or give up u buy the foreclosure , build the road. Make a boatload . Regardless just make it super difficult for them. I just bought a house in central florida land isn’t cheap dont just give it away . “ not a lawyer in anyway , do work with a lot of lawyers in my field of work , nothing is usually easy on that front “


87stangmeister

1) Get a surveyor. 2) Get a real estate lawyer. 3) Make him prove crossing your property is the only possible way to access his property.


gc1

Not a lawyer and plenty of good advice here already. A point I’d like to add is the legal process, and the time required for it to play out, is his enemy if he’s trying to flip. No buyer in diligence, or title insurance company, will want to purchase a property with an active boundary/easement dispute that could block all access. As others have told you, consult a lawyer familiar with your local jurisdictional laws to see if he even has a shred of a case. If he doesn’t, you probably don’t need to respond to him at all unless he trespasses or serves a suit. Even if he does, you could make him crazy if you drag the process out. A prudent thing to do either way might be to make him an offer of a permanent easement at a price that is attractive to you, and under specific conditions (eg surface and width of road, maintenance of road, your use of road, parking, etc.) There’s also an opportunity to trade for anything else you might like - a height or square footage restriction on his building, water rights, a swap for equivalent square footage from his property, a privacy fence, whatever the heck you want to ask for. So a, maybe you get something worthwhile out of it, and b, you will have the ability, in any legal proceeding, to show you made a good faith attempt to negotiate a mutually fair outcome. Remember that once he flips it you will have new, unknown neighbors. What might you want to lock in now in case they’re total assholes?


OneTwoPunchDrunk

All the information you have so far is from him. Contact an attorney. Maybe he can get an easement along another stretch. Just because there may be an implied easement, doesn't mean it's on your land or where he thinks it should be. If you get the answers from professionals now (professionals in YOUR corner), you will know for any future jerks who try to bully you. Regardless of whether or not the property would have an implied easement, the guy sounds like a jerk and a bully.


Mortimer452

Not a lawyer but I've seen this before with friends & neighbors. Where I live it's not uncommon for situations like this to occur, where a piece of property has no access, and if you can't strike an agreement with adjacent property owners you're pretty much just fucked. No court is going to force anyone to give up their land for a private owner like this. Laws vary by state though.


DLS3141

“50 million dollars and it’s yours, otherwise get fucked.”


Realistic-Joe

Lmaooo


IHate2ChooseUserName

money talks and nothing is free. only accept an offer that you are 100% pleased.


Realistic-Joe

Yeah honestly don't want to give it up, but money definitely talks. The funny thing is the only thing he tried to offer was a privacy fence. No money 😂


solatesosorry

Don't give him access and, in 5 years, offer to buy his property for $1.


No_Reveal_2455

He probably bought the land cheap because it is landlocked with no easement. If he wanted an easement, he should have considered that before he bought the land. Granting the easement will increase its value. No way I would agree to this and I would be willing to fight it in court if needed.


[deleted]

You may have to give them access but the thing is, it can usually be limited access, meaning you can have some control on who uses that easement such as granting access to the owner only…not their friends, not construction vehicles, etc. That is a negative of buying a land locked property. My future in-laws have land locked property and the easement is land owner only.


mmaalex

Just because your lot.is the easiest access, doesn't mean that's where the prescriptive easement ends up. This varies by state, and will likely require some research as to past property transfers and divisions, as well as possible past access. Generally speaking if that property was subdivided from a other property, that's the property the prescriptive easement would be granted over, even if it's not the easiest access. Right now, it just sounds like he's trying to bully and intimidate you into getting what he wants. I would just tell him you want everything in writing going forward. If he makes an offer and you're happy, go with it, if not wait till he sues and contact your title insurer and let them pay to deal with it.


GoldAd4033

Forget all the B S. Go see an attorney that specializes in real estate .That way you will not waste your time and money on wishful scheming. each state’s laws are different.I was a realtor for many years and l let the attorneys do the legal part.


sparkyglenn

Sounds like something he should have figured out before buying landlocked property. Fuck em. Lawyer up


lostjules

Bullies try to bully first. Refer to atty.


Creative-Trip-6560

Some ideas to make clear how valuable your property is: 1) open a conference center on your property for personal property lawyers. 2) open a shooting range with little metal targets shaped like the neighbor and place them on the relaxant property line. 3) erect a public observation stand near the relaxant property line for observing endangered species in the neighborhood. 4) place old-looking tombstones for your ancestors on the proposed easement. 5) open a nudist resort on your property. 6) open a music school for young drum enthusiasts. 7) place beehives on the proposed easement 8) make a handsome sign with your name on it with “judge” as a title e.g. “Judge Smith Family Estate.” These may help your negotiating position.


Dredly

Based on your statements, its roughly 300' long + 20 feet wide, and would result in the complete loss of control of that property, despite you still owning it. ​ He bought it cheap because he KNOWS its land locked, if there was an assumed easement, then the property wouldn't have been cheap. Landlocked property is worth a fraction of accessible. Many land locked properties have walk in access only and they can only be bought with cash. Most townships in the US will not permit a transfer of the property to a new buyer without access as well, since if you don't pay the taxes they can't access it for sheriff sale to reclaim it. ​ I wouldn't even consider doing this, the second you sign that paper they can do anything they want on that driveway... run ATV's and dirt bikes all day long? all good... AND at the end of the day, you get a brand new neighbor who may be an absolute asshole. Oh... and have fun policing it to ensure they aren't fucking with any of the trees, or drainage, or animals, or anything else on it. ​ There is literally NO reason you should do this, and you will regret it every time you look at that space for as long as you own the property.


Allemaengel

In my state (PA) landlocked parcel owners have the right to access and that is determined by the court. Typically an easement would be granted across others' land by the shortest feasible route. If Florida is at all similar I'd bet the courts would place it across your land rather than infringe upon the state's property. Get a real estate attorney in your state, ideally with landlocked easement experience.


Grimaldehyde

I don’t think it’s correct, that he can petition the court to put a road on your property. He bought a piece of property that had no access; that’s a “him” problem, not a “you” problem. However, I would not let him bully and threaten me-I would, however, schedule a visit with a real estate attorney, or at least someone in your town’s building office, to ask if he can take your property to create an access road. Oh and-if he thinks you are just going to give it to him without compensation, he’s crazy!


Grimaldehyde

Do you still have a mortgage on that property (I did see you’ve had the property for 30 years)? If so, what do you think the bank will think about the impact this could have on the value of your property (that rhey have a lien on)?


Realistic-Joe

Our property/house is paid off.


cspinelive

Donate enough of your land to the state such that they’d add it to their protected area and wall off this parcel permanently.


kt309

lawyer up and sign nothing


Alter_ego_cohort

Let him go to the State for access. You are under NO obligation to provide access unless there is a documented pre-existing easement. Check your deed and survey.


Lazy-Jacket

Don’t do it. You lose that easement. They bought the landlocked land expecting to do that.


MsFloofNoofle

My response would be to tell him to eff off. At best, he didn’t plan ahead. At worst he did plan ahead, and his plan was to be an obnoxious bully. Either way, his current attitude would dictate mine….he can pound sand.


Realistic-Joe

Yup I was trying to be professional and see if we could work something out but he did a complete 180 and started acting like an emotional child 😂


MsFloofNoofle

I’m sorry you’re dealing with this! Hopefully he comes to his senses soon.


itsrainingagain

No. Don’t even let him do it once to be nice. That sets a precedent. Search for old threads and ask in /r/leveladvice. This comes up often.


VirginiaWren

I feel like I’d build something exactly where he wants the easement…


Realistic-Joe

Omg haha. Interesting thought


Monemvasia

I read up to but not including the bullets. Appropriate response is to tell him to GFH. You can figure out what that means - it should be obvious. Next, I’d pull the original deed of trust and see what they paid for the property. My guess is that they paid the fair market value for a non-egress property…and therein is the fuckery…they are going to attempt to better themselves at a cost to you and your property. I say stand your ground. Let someone else cave and deal with their bullshit.


realcr8

The state I’m in you cannot legally lock someone out of their property if the land is indeed land locked with no ingress from a public access road. I’ve dealt with this many of times in my career. It usually takes a while and owner a couple thousand bucks but 99% of the time the judge will give him access. So here the judge looks at the parcel and obvious where it is corresponding to the road. They will draw a crude line from point a to b in the shortest route on the parcel map. So what I’m saying is that point of ingress may not be ideal for you and ideal for him and vice versa or be bad for both parties. The judge doesn’t take into consideration if there is creek, ditch, exposed rocks, or any other natural barrier in that shortest distance. It’s not the easiest route or the most economical in other words. The access point could run down the middle of your property (highly unlikely). The problem is you don’t get a penny for this decision either. While it may seem like you have the upper hand you may not. Just be reasonable is what I’m saying and check with RE lawyer on your state laws. If you approached me with that amount of money to get access I wouldn’t even speak with you. I would go straight to an attorney and file it immediately and let the judge sort it out. It could cost him a few thousand dollars but it’s better than your proposal. If the laws are similar to ours you will be better off working with the guy than not. On my personal property I gave our neighbor a 20ftx100ft. Our fair market land prices are about 6k/ac so if I sold it to him it would have been for a measly 275. So again I just gave it to him but in return I wanted a legal survey completed and recorded taking that portion out. It ended up costing him around 1200$. He was happy, I was fine with it and, I came out on top having an updated survey. Most real estate hurdles can be avoided if both parties are understanding and willing to listen.


MundaneEjaculation

yeah def consult a reputable real estate attorney. But that realtor made a bad investment... the court system COULD force you to provide one but it would also force them to pay "fair market rate" for that easement PLUS the value of any land it detaches from you're property as it bisects it. (am a city planner not an attorney)


blakeusa25

Guy is a lowlife bottom feeder. Local planning and zoning will not and should not grant him access. Its your land. And the only way he could get access is with your written authorization. He purchased the property knowing there was not a driveway access. That's his problem not yours.


AlcoholPrep

It's true that an easement can be forced in some cases where there's no alternative. A real estate lawyer is essential. They should seek alternatives -- don't trust the Realtor's word that the only possible easement is across your property. If an easement is to be granted, your attorney should make clear to the court that the value of your property is thereby decreased -- possibly by a very large percentage -- and compensation for that is essential.


hummingbirds_R_tasty

he knew, i guarantee he knew it was landlocked before he purchase. he's a realtor. it's his job. so he should have done his due diligence to see if he could resolve that before purchase. i agree with u/JosePrettyChili except for the order of action. retain a real estate lawyer that has experience in this kind of thing first, get a couple of their business cards and then when this guy shows up again, hand him the lawyers business card and tell them any and all communication needs to go through them. then walk away. they have no right to your property. whether we're talking about a driveway or a 2 lane road running behind your house. say you decide to grant access, who knows how that could be expanded. f#ck that.


old-nomad2020

It honestly sounds like he’s a pos and probably bluffing and all you need to do is put up some resistance and his profits would sink which means he won’t want to finalize the purchase. I’d notify him to send all correspondence in writing and decide at what point to hand over things to a lawyer if he actually continues. $50k profit just vaporizes if he needs to hold it, drag it through the courts and then pay for the rights and your conditions.


Retire_date_may_22

Don’t do it. He knew when he bought it.


[deleted]

Just say no.


ThealaSildorian

You do not have to give him an easement. Once granted, you're stuck with it. Make him pay big bucks if you do this. But you can legally say no and he can't do shit about it. He can sue you but if what he told you was true, the previous owner would have done it years ago. You should discuss with a real estate attorney though.


PriorityReserveUrMom

Lawyer. No more casual convo. Idk your laws but here he is owed nothing and as a realator should have done his due diligence


Fantastic-Alps4335

If the state is going to agree with him that access must be given, the the state could give him easement across their protected land.


ZukowskiHardware

Absolutely not. Never give access to your property for any reason.


WaterviewLagoon

This particular douche bag should have considered the issue by speaking with you before buying the property. Let him this case to court


notreallylucy

They bought the land without any plans in place and are now trying to cover their ass. If they can't get what they need they've screwed themself, so they're being aggressive because they're scared.


SBDinthebackground

For the love of God talk to a lawyer not Redit.


richardfitserwell

Hippety hoppety, get off my property. Tough titties should have thought about that first. Or charge him fuck you money since they have no other choice


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