Convincing a neighbor to grant an easement

[Turkish]

I’m in the preliminary stages of a potential land purchase. A condition of my moving forward is for a neighboring landowner and acquaintance (with which my family has been on good terms for many years) to provide a deeded easement. He’s let us access the property of interest by permission only as lessees for about 30 years. The property has been for sale for a few years now.

I approached him letting him know I’ve decided to make a move to buy the property. He quickly indicated he’d have no problem granting me an easement. However he got very hesitant when I expressed that I’d need the easement tied to the property, not just to me and my family. He’s nervous of who may come next if I ever sold it.

I think we can work through it, but I wanted to see if I could get some help in making him more comfortable. I am willing to pay a fair price. Im not trying to flip the property but I have to protect my ability to sell it if I needed to.

The thing is that if a different owner decided to take them to court over access, the court would rule in favor of the new owner. Doing so is not something I’d ever consider, but it does highlight a risk for them in continued stonewalling after I give up. I respect their desire to keep control but I have to make a shot at it.

 

[Wind Gypsy]

I’m of no help but I’m curious on the process for getting one drafted up?

I’m in a somewhat similar situation, property is bisected by a “river” that i can get an atv across come summer but not a tractor. Two neighbors on that side have been good about letting me access through their pasture for hunting last year but there’s no gate to get a tractor through yet..

 

[yoderjac]

I’m in the preliminary stages of a potential land purchase. A condition of my moving forward is for a neighboring landowner and acquaintance (with which my family has been on good terms for many years) to provide a deeded easement. He’s let us access the property of interest by permission only as lessees for about 30 years. The property has been for sale for a few years now.

I approached him letting him know I’ve decided to make a move to buy the property. He quickly indicated he’d have no problem granting me an easement. However he got very hesitant when I expressed that I’d need the easement tied to the property, not just to me and my family. He’s nervous of who may come next if I ever sold it.

I think we can work through it, but I wanted to see if I could get some help in making him more comfortable. I am willing to pay a fair price. Im. It trying to flip the property but I have to protect my ability to sell it if I needed to.

The thing is that if a different owner decided to take them to court over access, the court would rule in favor of the new owner. Doing so is not something I’d ever consider, but it does highlight a risk for them in continued stonewalling after I give up. I respect their desire to keep control but I have to make a shot at it.

I just went through this with our retirement property. It did have a deeded easement, but it went right next to a neighbor's house and then through the middle of a hedge row with large cedar trees and then through a hardwood flat with oaks you can't wrap your arms around. The neighbor evidently did not pay attention to the deed and didn't know the easement next to their house was there. The last thing we wanted to do was to move into a community and piss off the neighbor first thing. Add to that the cost of putting a road in through the hedgerow and through those hardwoods.

Right on the other side of the hedge row was a nice tractor trail along the hedgerow and through the hardwoods. The person selling me the land was from the general area and knew the neighbor on the other side that owned the land the trial was on. I had him first approach the neighbor and then the three of us met. We worked out a deal. I made the guy an offer on the land contingent on getting the new deeded easement. We negotiated the amount he would need to pay for the easement into the purchase price. Since we had already talked to the neighbor, we knew how much he wanted to grant the easement. He then purchased the easement from the neighbor and updated the deed. I then bought the land.

Maybe your neighbor will just grant you the deeded easement for nothing, but I would offer to pay the cost of survey, deed update fees, plus some amount for his trouble.

One more thought on easements. Keep in mind that in most areas you need to specify what all the easement includes; just ingress/egress or utilities as well.

Thanks,

Jack

 

[Turkish]

The current owner is a timber company. They have an easement specifically for timber harvest and mgt. Obviously that limitation hasn’t been enforced since the neighbor likes us. Timber company has no interest in securing a more liberal easement and that’s why it hasn’t been actively marketed for sale. Hoping I can use this to my advantage.

 

[4wanderingeyes]

Is the access on an edge, or corner of the neighbors property, maybe where you could purchase 5 acres from him for permensnt access?

 

[yoderjac]

The current owner is a timber company. They have an easement specifically for timber harvest and mgt. Obviously that limitation hasn’t been enforced since the neighbor likes us. Timber company has no interest in securing a more liberal easement and that’s why it hasn’t been actively marketed for sale. Hoping I can use this to my advantage.

We bought our pine farm from a timber company. It was a direct sale. Each time the harvest, they do an analysis. They look at sale value, how far from the mill it is, diesel prices, what they can buy timber for in the area, and a lot of other factors. They definitely did their homework in our case. We bought at the top of the market. It is now only work about 65% what we paid for it. I understand how they may not want to piss with an easement.

I would suggest you consider offering to by an easement option from your neighbor for a small cost. Say you pay $500 for the option. Your option contract would specify the amount you would pay for the easement. You could have the option expire in a few years to give you time to work on the purchase. If you are successful at buying the timber company property, you can then execute the option. Otherwise you are out the $500.

That $500 would ensure your neighbor doesn't screw you buy telling your he will sell you and easement for $X and they after you buy the property, the price goes up. You need to be the judge of how much you trust the neighbor. If you really trust him a lot, you could just do a handshake, but if you want to protect yourself, the option would be a reasonable approach.

One more thing. I would get a copy of the timber easement and see what all it entails. Many will give them ingress/egress access for "maintenance" as well as logging operation. If you don't plan to build or need power back there, It may be enough. We have a "Forest Stewardship Plan" for our pine farm. It includes our food plots and wildlife management activities in addition to timber harvests. So, "maintenance" would cover a lot.

One more thing I would do is to have an informal chat with the local power company. I did this before I bought my retirement property (not the pine farm). I found out they give you the first 1/4 mile free if you put up a dwelling. My driveway was over a quarter mile, so I would have had to pay a lot for the additional cable. The did an informal survey for me to determine where the nearest power source was and where they had existing easement. He told me that the power company would usually be able to acquire the needed easements from folks. Sometimes they get them for free and sometimes they pay for them, but they consider that a cost of doing business. They make it back by selling you the power. I'm sure not all power companies work like this, but it is worth investigation.

Best of luck,

Jack

 

[bwoods11]

Trade some acres for the easement ?

Personally I have found most landowners are hesitant to give a permanent easement because it may hurt their property value, and be a burden.

 

[Turkish]

Is the access on an edge, or corner of the neighbors property, maybe where you could purchase 5 acres from him for permensnt access?

Nope. It’s a decades old retired county road 1/4 mile thru their cattle pasture. It’s an established all-weather 2 track that requires little upkeep. At the end of the pasture the road is split by both parties. It’s the ONLY way in and the seclusion is part of the appeal to me. You don’t easily find places this quiet. Traversing the pasture is an easement for timber operations only, specifically forbidding hunting access, which, again has not been enforced for nearly 50 years. I have a copy of the easement. And I’m fully prepared to pay, but I don’t think money is their concern.

If I try to put myself in his shoes, I either buy the land myself or I go ahead and work out an agreement with someone I like (me).

 

[buckdeer1]

It's hard to tell without seeing but you are saying theres no road access to the property you are wanting to buy.I guess this happens more in some areas than other states.I have always been told in Kansas it was illegal to sell landlocked land.Good luck,I wouldn't give anyone an easement.

 

[4wanderingeyes]

See if you can sit down with the guy, and see if you offer to do the “access” up to yours, and his standards, and with a promise you are responsible for all upkeep on it, in exchange for a legal permenant easement.

I was on the other end of that easement gone bad deal. It eventually made me sell the land. The guy that wanted to use my land to access his, he went overboard and put in a 1/4 mile driveway, which he didn’t put in culverts, and it flooded out my crop land. It ended up costing me a bunch of land rent money, a bunch of new tiling, and the guy refused to remove, or install the access with culverts, so I ended up having to tear the road out so it wouldn’t flood my land again. This ended up in court, and of course all it did was cost me more money, and I pissed off what was a good neighbor and family friend. In the end, I sold the place, and the whole access thing costed my about $20,000, all for telling a neighbor he can access a small 20 acre piece of land out in a low ground meadow. Never again would I allow any easement.

 

[Turkish]

It's hard to tell without seeing but you are saying theres no road access to the property you are wanting to buy.I guess this happens more in some areas than other states.I have always been told in Kansas it was illegal to sell landlocked land.Good luck,I wouldn't give anyone an easement.

Not the situation at all. There is access via an established road that is better quality than some public roads nearby. Our use of this road, though, has been by permission only, though, and I'm wanting to make it legal. You’re right, that some county personnel dropped the ball decades ago when some of this land changed hands.

Someone someday will have this taken care of in court. I’m just wanting it to be me and on good terms.

 

[H20fwler]

In my state I’m pretty sure when buying a property now it has to have an easement of some sort with it if it is land locked.

Have you told the landowner that grants the easement now that you are planning on flipping the property?

I can see the easement owners concern especially if it’s more than just a short turn in.
I wouldn’t want future owners of the flipped property potentially running four wheelers dirt bikes ATVs up and down it making noise every weekend or all the time.

 

[Turkish]

Have you told the landowner that grants the easement now that you are planning on flipping the property?

Absolutely not, as that’s not my plan.

 

[homerj1]

I wouldn't give anyone an easement.

ditto

 

[Turkish]

ditto

Thanks for contributing. ;)

 

[H20fwler]

Absolutely not, as that’s not my plan.

The last half of your initial post reads like that is an option? Or the wording looks like it?

 

[Tree Spud]

I wouldn't give anyone an easement.

^^^^^^^ ditto... your just opening yourself to problems. Couldn't understand why I didn't have any ducks on my pods till I learned that the neighbors would drive across the easement during the week when I wasn't there, walk out to my ponds, and shoot the ducks off the pond.

 

[Turkish]

ditto

^^^^^^^ ditto... your just opening yourself to problems. Couldn't understand why I didn't have any ducks on my pods till I learned that the neighbors would drive across the easement during the week when I wasn't there, walk out to my ponds, and shoot the ducks off the pond.

I’m not sure I completely disagree. It’s also easy to say for someone who doesn’t landlock another. The fact remains that someone will sue for the easement some time and it will be granted. Selling one to me now guarantees a favorable neighbor for some period of time.

 

[homerj1]

I’m not sure I completely disagree. It’s also easy to say for someone who doesn’t landlock another. The fact remains that someone will sue for the easement some time and it will be granted. Selling one to me now guarantees a favorable neighbor for some period of time.

I don't wish you ill will, just stating that I would never grant an easement. If forced to do so via lawsuit, I would likely sell my property and buy another.

 

[bwoods11]

Why would a lawsuit force an easement?