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Legal question about right-of-way

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Re: Legal question about right-of-way

Unread postby Ludi » Sat 06 Sep 2008, 14:30:12

$this->bbcode_second_pass_quote('Heineken', 'P')utting in cattle guards (even if I paid for them) would require a friendly, close relationship with this guy, and I've failed to establish that (despite trying). I will consider writing him a letter proposing it, but I hold out little hope for that..


Well, shoot. I guess ask a lawyer (oh fun!).
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Re: Legal question about right-of-way

Unread postby Byron100 » Sat 06 Sep 2008, 14:57:53

Just now read through this thread. Having worked for a local planning dept. back in the 90's, I did learn the difference between ROW and easement...very big difference. Since it wasn't practical for the farmer to chop his farm in two for a dedicated ROW, he provided the easement to your land, which does give him continued control of the land on which the easement passes - except to erect barriers to access, of course. As long as you have the ability to gain access to your land without his assistance, I do think the farmer is in the right, although I wouldn't call him the most polite of neighbors. He probably does have the fences up for the purpose of segregating various strips of grazing land - lots of farmers do that. I do agree with you in that he probably took down 3 out of the 4 fences during the process of selling the property to you, which is a bummer, I must admit. :/

Land that requires passage through someone else's land typically sells for less than road frontage land - sometimes much less. Hence, your low purchase price, and that's where the trade-off comes in. I'm sure the farmer would have never sold that land if someone was going to come in and put a house there, for instance. But if I was in your shoes, I'd start figuring how much income I could get from those pines nearing maturity and make plans to sell off that timber as the second generation of trees (the ones you planted) grow to take their place. This should keep the land value relatively constant, IMO. Then, when you're ready to sell, you would have at least provided some return on your investment for the time it's been tied up in owning that section of land.

Speaking of land...I'll probably be making a trip up to New York sometime over the next year to scout land possibilities. I wonder if land values up there have risen or fallen since 2004, which is the last time I was up there, which averaged out to about $2200-2400 an acre, if I remember correctly. Sure is some beautiful country up there, that's for sure.
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Re: Legal question about right-of-way

Unread postby deMolay » Sat 06 Sep 2008, 15:27:07

Heinie do not discount what I said about squatters rights. Look it up, in law it gives the appearnace of you abandoning your property.
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Re: Legal question about right-of-way

Unread postby Heineken » Sat 06 Sep 2008, 22:15:49

$this->bbcode_second_pass_quote('deMolay', 'H')einie do not discount what I said about squatters rights. Look it up, in law it gives the appearnace of you abandoning your property.


I don't know what you're talking about.

I do not live on that property. However, I visit it frequently. There is no "abandonment."
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Re: Legal question about right-of-way

Unread postby Heineken » Sat 06 Sep 2008, 22:35:13

$this->bbcode_second_pass_quote('Byron100', 'J')ust now read through this thread. Having worked for a local planning dept. back in the 90's, I did learn the difference between ROW and easement...very big difference. Since it wasn't practical for the farmer to chop his farm in two for a dedicated ROW, he provided the easement to your land, which does give him continued control of the land on which the easement passes - except to erect barriers to access, of course. As long as you have the ability to gain access to your land without his assistance, I do think the farmer is in the right, although I wouldn't call him the most polite of neighbors. He probably does have the fences up for the purpose of segregating various strips of grazing land - lots of farmers do that. I do agree with you in that he probably took down 3 out of the 4 fences during the process of selling the property to you, which is a bummer, I must admit. :/

Land that requires passage through someone else's land typically sells for less than road frontage land - sometimes much less. Hence, your low purchase price, and that's where the trade-off comes in. I'm sure the farmer would have never sold that land if someone was going to come in and put a house there, for instance. But if I was in your shoes, I'd start figuring how much income I could get from those pines nearing maturity and make plans to sell off that timber as the second generation of trees (the ones you planted) grow to take their place. This should keep the land value relatively constant, IMO. Then, when you're ready to sell, you would have at least provided some return on your investment for the time it's been tied up in owning that section of land.

Speaking of land...I'll probably be making a trip up to New York sometime over the next year to scout land possibilities. I wonder if land values up there have risen or fallen since 2004, which is the last time I was up there, which averaged out to about $2200-2400 an acre, if I remember correctly. Sure is some beautiful country up there, that's for sure.


Thanks for the comments, Byron.

Apparently I could build a house back there, but I'd have to apply for a variance from the county. However, I have no intention of building there and never did (beyond installing the storage shed and attached deck I use as a cabin). I bought the land for recreation and investment (maybe it's not such a great investment, however).

The 50 acres includes about 40 acres of loblolly pine. Most of them are approaching 12 inches in diameter, meaning they're already commercially valuable for chip-and-saw, and in just a few more years will be potential sawtimber. The field I planted is unlikely to attain commercial value within my remaining useful lifetime, but could be attractive to a buyer.

I'll keep the land as long as I live in Virginia, which depends on all sorts of things. Could be a long time yet, maybe even the rest of my life.

It's possible I'll never cut the timber. I might even place the land under a conservation easement. My way of thumbing my nose at commercial interests. If I do cut the timber, it will be when it's very large and thus very valuable (assuming there's a market by then, of course). Really large SYP sawtimber could fetch more than enough to recoup my investment in the land---and I'd still own the land. On the other hand, it might burn up or get eaten by beetles.

I love the property and the time I spend there, and it's worth the hassle of getting in and out.
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Re: Legal question about right-of-way

Unread postby pedalling_faster » Sat 06 Sep 2008, 22:47:04

$this->bbcode_second_pass_quote('Heineken', 'T')houghts? Advice? Thanks!


step 1 = title search for documents related to easements.

bad step 2 = dueling lawyers.

possible step 2 = offer $10K cash for a one fence easement & $5K for a 2 fence easement, offer good for one month. best offer he would get in 2008. i guess how tempting this is depends on how wealthy he is.

possible step 3 - easement through another neighbor who might be more on your side.

possible step 4 ~ hire a Ninja ? just kidding. mostly.

possible step 5 - circumstances transpire where he realizes that you're a handy neighbor to have a around. e.g. if you saw people trespassing on his land and reported it to him, some situation where he realizes you have a mutually beneficial perimeter security relationship & he should design his fences with you in mind.

possible step 6 - marry his daughter ?
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Re: Legal question about right-of-way

Unread postby Heineken » Sat 06 Sep 2008, 22:59:57

The idea of offering him money to reduce the number of electric fences crossing the ROW never occurred to me, pedalling. I might pursue it if I were sufficiently rich or sufficiently obsessed with this matter.

For now I'll keep hooking and unhooking. You never know, things change over time and some of those fences might disappear. Maybe they're just temporary or seasonal---I've only owned the land a bit over one year. The farmer might go out of business or stop raising dairy cows. Who knows.

Some problems go away on their own, over time.
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Re: Legal question about right-of-way

Unread postby deMolay » Sun 07 Sep 2008, 19:12:42

If you have a deed to the ROW your property. Yet you let him control that property. Then in the eyes of the law, you have abandoned your property rights and defacto he has gained an interest in your titled ROW property. Much real estate law is based on Common Law.
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Re: Legal question about right-of-way

Unread postby Byron100 » Sun 07 Sep 2008, 19:28:02

$this->bbcode_second_pass_quote('deMolay', 'I')f you have a deed to the ROW your property. Yet you let him control that property. Then in the eyes of the law, you have abandoned your property rights and defacto he has gained an interest in your titled ROW property. Much real estate law is based on Common Law.


But that's the thing, it's deeded as an easement on the other person's land...Heineken doesn't actually own that strip that runs from the road to his parcel. Big, big difference. And by actively using that dirt road to get to his property on a regular basis, he hasn't "abandoned" any sorts of property rights, not by a long shot.

Now, if he never bothered to go out to the property, and the farmer decided to let a cousin build a hunting shack there, which eventually gets used as an actual residence once he falls upon hard times, etc., then he might have a problem with the squatter rights. But this clearly isn't the case, as you can see from Heiny's remarks in this thread.
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Re: Legal question about right-of-way

Unread postby Heineken » Sun 07 Sep 2008, 22:44:58

Byron is right.

Maybe things are different in Canada, DeMolay, but in the US if you have a deeded easement through someone else's property you literally own the right to travel across that pathway (which is formally surveyed and mapped on the plat that goes with the deed), forever. You can't stop on the road and set up camp, though, you have to keep moving. When you sell the property that right gets transferred to the new owner. It never goes away, until the collapse of our legal system, anyway.
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