Access use

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  #1  
Old 02-14-07, 12:33 PM
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Access use

Years ago my grandfather sold two 1 acre campsites. In between those campsites he had a 50' wide access to the river for family use.
Fast forward to 60 years later and 4 or 5 different owners of those campsites.
One recent buyer is progressing with a commercial operation which will impede access to the river. He also states that he is the owner of that 50'wide access. This is a rural area with no zoning.
This access was never sold. Upon my grandfathers' death the access was listed in the succession as "access road" with no family member given ownership.
Who owns the property and can one family member give permission to a non-family member to do construction on this access road?
 
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  #2  
Old 02-15-07, 05:58 AM
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What grandpa did is reserve a 50' easement for access to the river. A reservation is the legal term for "I convey to you this, but I reserve to myself that." The ownership of the reservation belongs to grandpa's successors. If grandpa had a will, it went according to the will. If he did not, it went according to your state's intestacy laws.

You can have undivided interests in land rights, so, for example, if grandpa had a will that says "I leave all my property to my 3 sons and 1 daughter," then each child would have an undivided 25% interest in the easement.

The terms of the easement might dictate the ability of any owner to assign his/her rights to it. If it does not, then, state law will.

Even if an owner of an undivided interest assigns his/her rights to a third-party, the third-party would not be allowed to use the easement in such a way as to interfere with the rights of the other co-owners. So, when it comes to using/developing on an old easement, the developer/builder wants to have all owners of the easement assign/convey or release their interests in the easement.
 
  #3  
Old 02-15-07, 06:12 AM
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Access

Thanks Jeff for an informative explanation. I have a better understanding of resolving this access issue.
 
  #4  
Old 02-15-07, 06:45 AM
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Who's been paying the property tax on that 50' wide parcel?
 
  #5  
Old 02-16-07, 05:04 PM
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Property taxes

Regarding property taxes. According to the Assessor's Office, no taxes were charged for this access property. We have no record of ever receiving a property tax assessment.
They said that they usually do not assess this type of property.
Thanks for the questions...
 
  #6  
Old 02-17-07, 06:48 AM
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Wow!!!! a county/state that doesn't tax everything they can?? I have no desire to move but...........
 
  #7  
Old 02-18-07, 04:27 PM
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But wait marksr-this is Louisiana where our politicians keep their payoff funds in a chest freezer,our citizens leave the wheels on their double wides and government funding is listed as income on our tax form.
The rest of us pay in the long run...
 
  #8  
Old 03-10-07, 10:01 PM
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Access

It depends on whether an easement was created and more importatly whether it was recorded with the local register of deeds.

Also, the issue of adverse possessiong may come into play here.

Check with a good Real Estate lawyer.

Good luck.
 
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