Posted by JMOR on December 27, 2009 at 18:30:12 from (72.181.166.239):
In Reply to: question for John T posted by fudpucker on December 27, 2009 at 15:44:39:
jdemaris said: (quoted from post at 21:02:13 12/27/09) I'd like to see the full details of that law. Here in NY, we have something similar but it's not quite that simple. If I was to split up some land and by doing so, created landlocked parcels - then yes, I could be held liable later to provide easements to landowners if they were the same ones that actually bought from me. If the property had been resold since, no I'm not liable. And, if the other parcels were not landlocked at the time I made the split, I'm still not liable, even if now they are landlocked.
I realize things differ in different states, but I've yet to see any that are written simply and/or apply in all cases. Especially adverse use or easement by prescription laws. That especially applies to people who try to claim "implied easement" rights just because they've been crossing someone else's land for years. Usually, there is much more needed to gain such an easement.
It is very complicated/complex and the "where", is everything. Here, if a piece is severed from another parcel, then the responsibility for access lies with the parcel it was severed from.
How many times it has changed hands, how many other ways it may have been accessed in the past is not material. This prevents the existence of 'land locked' parcels. When someone here speaks of a 'land locked' piece of land, it is just that they have not paid enough lawyers to gain access. Some sit this way for many years, because it may not be reasonable to effectively pay, counting legal fees, $250,000 dollars an acre for rural land that can be bought next door for $2,000 an acre.
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