I purchased a landlocked 26 acre lot last year, knowing it was landlocked. Got it for relatively cheap. I worked with a title company for the title search and closing. Chain of title was clear for the property owner of the lot. However, the title company did not (in my opinion) dig far enough into the history of the surrounding properties - nor did I, to be fair. Long story short, worked with a RE attorney which reached out to the same title company to dig deeper, which revealed that the property that I am seeking an easement for is co-owned by over TWENTY heirs! The one person that is listed as the owner with the county is just one of the owners and doesn’t even know if all of the heirs are still alive. So, as you would expect, the cost to just send out letters informing of our pursuit for easement of necessity is over $8k with my attorney! I will likely move forward with doing this, but I’m considering trying to outright purchase the property that would provide access to mine. Anyone have experience trying to buy a property that is messy like this (multiple heirs)? Any recommendations? And, in case you are wondering, there is another property, with one owner, that I could pursue an easement, but the driveway may be too steep as it is in a very hilly area.
What state is this property in? I know @Clint_Turner and Logan Fullmer have experience with this in Texas.
This is in Kentucky - Red River Gorge area.
The fact that multiple owners of the adjoining property could be a good thing, depending on the state and the related laws. You may not need to involve the 20+ parties. Consult with your attorney and ask if you BOUGHT the undivided interest (UDI) of just one (or several) of the heirs. Would that give you the right to use the property, including traversing it? I.e., if you, for example, brought a 5% undivided interest in the whole adjoining property from just one of the heirs - would that give you the legal right to use (traverse across it the) property to access the one you bought / wholly own. Then, when you sell the currently landlocked and wholly owned property, sell your x% undivided interest in the adjoining property to the same buyer so your buyer of the landlocked has ownership rights to traverse it.
Just trying to think outside the box.
Might be able to pick up a small UDI for less than the cost of reaching out to all of them to try to buy an easement.
I like it Karl, i will reach out and discuss this as an option and let you know how it goes. I do wonder if it will require all heirs to agree to this, which is one of the biggest challenges, but will give it a shot!
Give page 6 of this article a read. Perhaps it might help as a starting point twith your attorney.
“Heirs who inherit land intestate (without a will) own it as tenants in common.4 Tenants in common each own an undivided interest in the whole parcel of land, which means that none of the heirs can claim any specific piece of land. As tenants in common, each heir has equal rights to use and occupy the land.”
Karl
Great info, Thanks Karl!