There was a thread on here a while back about locked land. Can one of you good fellas pull it up for me. I need to know the law about it. Thanks

I'm on my phone now so I can't search, but wasn't the title something about egress/ingress. If not searching those two might pull it up.

If you are the landowner of landlocked land you have to be granted an easement. If you lease it, have permission to hunt, etc you aren't entititled to any easement.

Landlocked you are at the mercy of adjoining landowners unless you have a helicopter other than landowner. This restricts value due to limits on who can go and come. If adjacent landowner wants to let others through it is his or her perogative on said day. Law should be changed to allow leassors or others within reason acting in a normal manner to come and go without contractual agreement among landowners. That is why in Alabama land management companies state you will have to gain access yourself to landlocked properties available for lease or for sale if they don't own adjacent property in line of travel.

If you are buying you can gain access thru the court system, but it might be expensive. If there was common ownership of the land and land that access could be gained that is a plus. I would look at the contiguous landowners and see if there is a route that could be bought without a lawsuit headache. Sued neighbors can be bad neighbors in the future. All cases will be different and all judges will be different also.

Correct, but there is a way around it. Have the landowner give you a written document making you the legal caretaker of the property. Like you said, just because you lease it doesn't give you easement rights. I learned all this when two of our neighbors squabbled over this issue and we just sat back and watched to see how it came out.

The land that is locked is 40 acres behind my momas property. I have saw the old woman that used to own the property twice in my life. I've tried buying the property and leasing the property but the old lady said no that she didn't want anybody on it. She died a few years ago and now her kids own it. My mother got a letter from a lawyer the other day stating that the family was wanting to gain access to their land through my momas land to have the timber cut and possibly sell the land at a later date. They would be driving through my momas yard if she gives access. I know what kind of mess a log truck can make while getting timber out from the woods. I was wondering what my moma can expect from this. If she gives access all of her privacy would be lost. I reckon the best thing to do is call a lawyer and set up a appointment.

See if you can buy the land now with the timber on it. Cutover land is junk IMHO. I wouldn't go the lawyer route unless they start pushing. Is the route thru your mother's yard the "old road to the property" that has been used for a long time?

Is across your mothers property the closest and most direct route to the public road?

What is the historical access and relationship been? Is there a gate? Do they have a lock on the gate? How did they remove the timber previously? Has threre ever been a permission slip signed?

Where the two properties ever owned by a single owner?

My understanding is a judge will give access to land locked property through the property it was originally last deeded with an access. That being said unless a judge decides the lawyer is just blowing smoke.

If it comes through her property she has some input as to where it is.

Here is the REAL Deal. Two land owners can come to a deal, as to how they are given access.

If the lawyer for the other person is able to establish previous ownership and access the judge CAN use that.

If there was no access from previous ownership, the Judge will attempt to establish an Easement through two pieces of property that adjoin the property from the public road.

Another point to contend, a Property Survey does not mean that the land line establishes a property boundary. Two property owners, or a Judge establishes where a boundary lies.

If the property is bounded by other properties that join it to the road he/they must SUE every owner involved.

I have been to court a few times on this and these questions are always brought up.

First, the family shouldn't have gotten a lawyer...yet. They should have contacted your mother first and try to work it out neighborly. At that point, if I where in your mothers shoes, I would tell the family, "Sure, just send the timber people here and we will work out a way for them to get your timber out." When they came I would tell them they have to build a road right on my property line that would have the least affect on my privacy and property. Then that would be the access. All of this assuming the access HAS to go through mothers.

Have them pay your mother for access? Ask for a percentage of money made from timber for access? Don't know if it's legal buts an idea for all her trouble.

Just lease them a very expensive temporary easement and make them put up a performance bond to make sure it is in satisfactory condition when they leave.

This is the better way. Stay out of court as much as you can with this. The longer it drags out the more it will cost everyone. Your mother included.

Yes sir the dirt road is closest to the property. Back in the late 1800's and early 1900's the old man that owned it used to own a couple sections now and when he died he deeded it to all his kids. The old lady that passed a couple years ago this is the only 40 she had left. There is no access on momas deed and there is not a road to it. The closest road to it is about a 1/4 length of a 40 from their land. There has never been permission given since we've had it from 1973.

As far as I know the timber ain't been cut in a long time, probably early to mid 1900's. It has been big timber since 1973. They lost a lot of timber when opal came through in 1995.

Everyone is an expert. But, remember, you get what you pay for. Very little correct information in this thread.

I would contact a local lawyer and pay him for some advice.

Oh please enlighten us

You have the right to easement. If the adjoining land owner is not in an agreement then you must hire a lawyer. Fee is about $2200 and you will most likely win the case. You must maintain the easement but you have no rights to hunt it, etc...