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Land locked property access

Tammy Evans

Member
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1
Points
0
I have just inherited 20 acres of land locked rural property in Indiana. The state of Indiana owns adjoining land. How would I go about approaching the state of Indiana to grant me an easement? This easement would greatly raise the value of the property. I live in Florida, and I have the names of private owners on other adjoining sides. Where would I find the most luck in finding someone to grant me an easement? I have NO idea where to even begin with this issue! Any and all help/advice would be greatly appreciated.
 

Joe Iliff

Reformed City Planner
Messages
1,441
Points
28
I would recommend first contacting the county's planning or engineering departments. They might be able to best scout out a location for the easement based on other easements or features of the land. If the county has planning, and good planners, they should recognize the need for you to have access and point you in the right direction.
After that, I'd contact the Department of Natural Resources, and see what they might be able to provide.
Good Luck
 

John Strachan

Member
Messages
3
Points
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It may well be that state law may require them to give you an easement or else have to condemn your property. Find this out from the state agency that manages the State Land Titles.
 
Messages
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Find out when this parcel of land was split off from the main tract of land. Many states do not allow the sale of land without access. If this land was split illegally, the "splitter" must provide some form of access.

How did the previous owners access this property? If a "verbal easement" has been used for more than 15 years it becomes a prescriptive (automatic)easement because the pattern of use has been determined over time.

Each state is different, I would seek advice from an attorney that specializes in land use law. Good Luck!
 

amalia

Member
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1
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I am i the process of looking for a house- I came across one that I really like, so I called about it, and the listing agent told me that it is land-locked. Can you explain exactly what this means? How does a property become land-locked?
Thanks!
 

Joe Iliff

Reformed City Planner
Messages
1,441
Points
28
It means that it does not touch a public street. So, in order to get there, you'd have to walk across someone else's property.

Sometimes it happens because of a surveying error, or sometimes because an old street is closed, or a proposed street was never built, or just because someone bought a piece of someone else's property and didn't check to see if they could get there.
 
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