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Buying Land Subdividing/Road/Easement Questions

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    Buying Land Subdividing/Road/Easement Questions

    Our neighbor is looking to sell her land. We want half and the neighbor on the other side of her wants the other half. There is not much road frontage.

    Does anyone have experience with easements for access and all that? We will hire a real estate attorney at some point but want to make sure we can make a deal happen first.

    I think the best course based on the layout is to share a road coming in.

    What's the worst-case scenario?

    Thanks,

    #2
    From what I was told sharing a road is hard if financing the purchase.

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      #3
      Originally posted by cantexduck View Post
      From what I was told sharing a road is hard if financing the purchase.
      We are not financing but they are.

      That's is what I am afraid of.

      Comment


        #4
        If her land touches your land and you're accessing your land, why can't you access the new land that way?

        If the neighbor on the other side touches her land and they already have access to their own land, why can't they access their new land that way?

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          #5
          we just did the same kind of purchase, but with 4 landowners dividing the original land. we had the surveyor set up easements for the new driveway/road extension we put in to access the property all the way to the back where 2 of the landowners have property

          it can be done. just need to show the surveyor what you want done. for us, we just made the center of the new road be the property line and wrote easements off that

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            #6
            Get the surveyor to draw it up the center of the road assuming that her road is down the center and that is the new land line. You then therefore share the road. I see it all the time

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              #7
              The problem may arise if you sell it.

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                #8
                Originally posted by rsquared View Post
                we just did the same kind of purchase, but with 4 landowners dividing the original land. we had the surveyor set up easements for the new driveway/road extension we put in to access the property all the way to the back where 2 of the landowners have property

                it can be done. just need to show the surveyor what you want done. for us, we just made the center of the new road be the property line and wrote easements off that
                This explains it better. The neighbors on the other side are brothers but they want to buy separate pieces.

                Would it be possible to build a road and then give it to the county so that there won't be issues down the road?.... no pun intended.

                Comment


                  #9
                  Originally posted by mmoses View Post
                  Our neighbor is looking to sell her land. We want half and the neighbor on the other side of her wants the other half. There is not much road frontage.

                  Does anyone have experience with easements for access and all that? We will hire a real estate attorney at some point but want to make sure we can make a deal happen first.

                  I think the best course based on the layout is to share a road coming in.

                  What's the worst-case scenario?

                  Thanks,
                  talk to your county judge or commishor (sp) and turn it into a county road.
                  every county rd is owned by the land owner but county maintains the road.
                  If any body sells it's still is a county rd and new owner. County will put in 911 address
                  pluse maintain the road and at some point black top it
                  Last edited by clay4626; 05-10-2021, 08:44 PM.

                  Comment


                    #10
                    Originally posted by mmoses View Post
                    This explains it better. The neighbors on the other side are brothers but they want to buy separate pieces.

                    Would it be possible to build a road and then give it to the county so that there won't be issues down the road?.... no pun intended.
                    County won’t just take a road if you give it to them. It will have to be built to their specifications and what I’ve done is grant them the road easement but y’all retain ownership

                    My subdivisions have had common road ownership (each lot / property owner has same undivided road interest) and then a few I’ve gotten the county to take the maintenance over but it was not easy process. If you do do a road like that make DARN SURE you set up responsibilities (financial and otherwise) for road maintenance!! In writing, with contracts, that follow the land not the person.

                    Banks finance this stuff all the time and so do I. Just need guaranteed ownership access and it’s a lot more valuable than easement access in my opinion.

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                      #11
                      The county doesn't want it for maintenance reasons (costs).
                      Unless you need a new access road on this property, I would buy what you want. If one brother needs access to the back, let him deal with his brother. Otherwise, you'll be giving up land for a road that you don't need.

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                        #12
                        Save money. Cash is still king

                        Comment


                          #13
                          After sharing a fence project, some of our property was on the neighbor's side of the new fence. Since we used his private road to access our place, we had a local attorney draw up easements to prevent any problems in the future. Total cost was approximately $400. Money well spent.

                          Comment


                            #14
                            Originally posted by clay4626 View Post
                            talk to your county judge or commishor (sp) and turn it into a county road.
                            every county rd is owned by the land owner but county maintains the road.
                            If any body sells it's still is a county rd and new owner. County will put in 911 address
                            pluse maintain the road and at some point black top it

                            I'm sorry, but this is not accurate information.

                            Comment


                              #15
                              OP, it's kinda hard to get a visual idea without us actually seeing the layout, but a road/driveway shared by neighbors may work, but it is not the ideal thing to do when it comes time to spend money on maintenance. W.E.H offered some good advice, and an experienced R/E attorney needs to be consulted, as you mentioned.


                              Originally posted by Bear Charge View Post
                              Save money. Cash is still king
                              Did you even read the post?

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