As the title says, the wife and I are looking to purchase some land, approx 2 hrs from our main home. The purpose of the land would be for recreation (camping, hunting, shooting, BOL). City water & electricity are not required. I did find a few places and I will be going to look at them soon. One of them has no frontage road, meaning it's land locked. I believe TN has a law that allows for an easement to access the land, but I'm not sure. For anybody that's purchased land please list your tips and suggestions. Thanks
Do not buy landlocked until you are sure about the easement law, and even then get something in writing to support your access. Even if the is an access law favorable to your purchase, a survey might be required as well as a gift to the person granting access might be in order. But, by all means get something in writing. Laws do change now and then. . I purchased my land in 1985. 20 of a sub-divided 80 acre plot. Easement rights were fought for and obtained in court in 1982. I didn't start to develop my land until 1993. I have had my problems with those who previously were forced by the courts to provide easement. On file in two locations I have the transcripts of the easement court settlement, and have had to have the eaement surveyed once. I am 1.2 miles off county maintained limerock road and 4 different land owners had to give up easement for me and the others on this 80 acres to have access.
Land is an excellent investment right for more than just the reasons you mentioned (which are all great reasons). While the value of the $ may be dropping, land is as good as gold in terms of being recession proof. On the other side of this thing, you have potential to make money. If it goes longer or gets worse, you have the most valuable commodity in such an event. There are rock bottom prices right now. I recently bought a home with land and one thing I looked for was access to vast public lands. I am a few miles away from a rather large state forest that allows hunting. We would all like to purchase a thousand acres, but since we aren't rich, access to public land helps. Look at well water. If the land doesn't have one, ask to use the neighbors and find out what issues, if any, they had. For example, we have sulphur water. A chlorinator takes care of that issue, but means we have to stock chlorine. Not a big deal as it doesn't take much, but something to be aware of. Your aquifer may have that issue or any number of issues. Nearly all have a work around these days. I wish I had a pond. I'd stock it with big, fat catfish. In terms of being land-locked, I don't think its a bad thing. I am surrounded by a family that has bought adjoining property (or Dad cut it up- not sure). The advantage is that the surrounding property is less likely to be sold off to developers or such.
The newest of the 4 owners involved with my easement, upon purchasing the land, and while building a house on his 5 acres, informed me he would be fencing his property, and thus cutting off my access. I informed him he had every right to fence his property, but he had two options with regard to my access. He was not aware of the court ordered easement. I xeroxed him a copy of the court transcripts and easement decree. I showed him my survey map of the easement, and referred him to the surveyor for a copy. I told him he could fence the entire 5 acres and install a gate across the easement access road, or he could keep the fence out of the easement access parrallel and at the edge of the easement. I told him if he blocked access and did neither I would cut the fence where it blocked legal easement, and or remove any posts in the easement. That was several years ago. We have become friends strangely enough. He never did put up that fence. . Two of the other land owners when putting up new fencing were reminded of the easement specifics. One had no problems with that and installed their new fence mindful of the easement. The other got bitchy on the phone and referred me to her lawyer. I called her back and informed her I would be removing her offending fencing post haste. I had words and a near fight with the fencing installers as well. I told them talk to your employer, but any fencing ran in the easement obstructing passage, would be ripped down. They were 3 to 4 feet into the easement on a N to S run with both fence and easement running N to S. They grudgingly moved it over. . Just saying. ...... Even if you know what is what and have it all documented and in writing, you can run into problems due to new owners and ignorance.
When purchasing LAND, one other thing to be very careful about is WATER Rights. Ask a lot of questions, do you research, and understand State Statutes, on the subject, BEFORE you plunk down any CASH. In some States, ALL Water Rights, are already OWNED, and you must BUY from someone else just to get access to Water on your own Land. Here in Alaska, the water is yours, BEFORE it touches the Ground, but once it hits the Ground it belongs to the State. You can apply for a Water Right, from the DNR, and if Granted, that Water Right gets tied to your DEED. Water Rights are State LAW, so check carefully, the Statutes in your State. SubSurface Mineral Rights are another area to be very careful about checking up on, BEFORE you to any Cash Plunking. Citified Real Estate folks do not generally have a lot if information about these issues, but most Country Land Sellers will know, the deal, locally. A good Real Estate Attorney can save you more than you will spend, after the fact, on such issues. ....... YMMV.....
What he said. It is of paramount importance that your title search is thoro and with a competent agency, and that the Real Estate agent you deal with is knowledgible in your area. There very well could be mineral leases recorded over 100 years ago that affect your ownership rights. Likewise, there might be easments that have gone unrecorded. E.g., telephone, power pole and gas distribution piping easements were often not formally recorded on deeds in subdivisions, nor is it obvious how much of the road belongs to you (if any) and how much the township can control or regulate if it's yours by ownership and tax rolls. Covenants are another question entirely, but related, and you need to know. Even a moribund set of covenants in a long dead development association can have teeth.
Thanks all. The "land locked" property is only one of several we are looking at. I plan on going and visiting the locations 3 or more times, hopefully at different times of the day. A couple of the properties have ponds/streams/creeks on them. Thanks again for all the pointers.
yeah it sux when they set up rigs in your field and drill for oil and all you get is a one time payment for destroying the surface then youre left with a backside access road that you cant keep thieves from using
I'm in roughly the same situation; I am within 100 yards of the no road access side of the game lands and state park. The road in gets washed out so it has it's moments; but the beauty and solitude are priceless.
