Michigan vacant land is landlocked, how can i gain access? I bought it at Tax auction Has been logged 1 mont?

Question

20 ACRE Property is in Michigan, Was logged a few months ago.

ROSCOMMON, MICHIGAN

This property was bought at a county tax auction, where they did state that the property could be landlocked.

The property was logged this year, so somehow someone was able to get back there.

HOW CAN I GET AN EASEMENT PUT IT, I WANT TO SUBDIVIDE THIS PROPERTY AND RESELL IT!?

I bought a piece of property that was logged this year, now find out it is landlocked, how can i gain access?

Answer 1

I'm surprised that you weren't able to make that determination before you bought it.

Many people don't understand the true concept of what landlocked is.

People think that when a road doesn't exist (as in, already built), that it's landlocked...that is NOT landlocked.  

Landlocked is when a right-of-way to build a road to access the property, doesn't exist.

You can petition the court to get an easement by "necessity".  However, no one says that the easement is free...you will have to compensate the person who's land you must cross.

You'll need an attorney to assist you...this is not something you can do yourself.

Answer 2

Most jurisdictions (I'm not sure if MI is one since I am not an expert on Michigan property law) recognize the right to access property as one of the fundamental rights of property ownership, even if the parcel is landlocked.  Depending on the particular history of your property you may have an implied easement over one of the adjoining properties for access to your property - this would be the parent tract of your tract.  For example, if your 20 acres was once half of a 40 acre tract which has road frontage, your property may have access rights across the remaining portion of the 20 acre tract regardless of whether there is a written easement.  (e.g. if Smith sells Jones 20 acres of his 40 acres tract, Smith cannot then deny Jones the right to access that property regardless of the presence of an easement according to principals of common law).  HOWEVER . . . re-establishing this right may be more trouble than it is worth.  If the property owner of the parent tract objects to your use of his property for access it could very well end up in court costing thousands or 10s of thousands of dollars.  ALSO, your easement rights may be limited to use of the property as a single tract and may not allow for the subdivision of your property (i.e. the implied easement right is for one individual and not a whole subdivision full.)  

My suggestion would be to 1) talk to the adjoining landowners and see if you can buy a legal easement across their property - this may be the most cost effective and least troublesome route in the long run; 2) failing this, contact a real estate attorney knowledgable in MI real estate law.  I would also suggest employing the services of a title abstractor (who might actully turn up an old easement in the public record) and a surveyor. 3) If this is too troublesome or time consuming, re-sell the property, salvage what money you can, and walk away.  

P.S. legal access to the property and physical access to the property are two different things.  Just because you have the legal right to access the property doesn't mean you can drive your car to it - access to the property might involve a long hike across the adjoining property.

Answer 3

The county planner should have maps that show where the easement is.

You need to go into the office and look at them.   If there is no road you have to pay to put it in.

They are also the people you talk to about sub-dividing.   Just because you want to sub-divide does not mean it is legal to do so.

Answer 4

You're going to need to talk to someone who actually works for the town or country where this land is located. People here can only give you generic advice. The people in Michigan are the only ones who can tell you what's really going on.

Have you learned your lesson about buying property sight unseen over the Internet?

Answer 5

.    I have this exact problem.  Here is what an attorney will tell you.  YOu can go to court to get access to your land if there is any private land adjacent.  No luck if it is public land.

THe problem is that you would have to buy the easement which the court awarded you.  That could cost you $100,000 to cut across the neighbor's land.  Once the court awarded it to you , and you paid the money,  you are no longer landlocked.

Or you helicopter in.  I am not joking.

Answer 6

"Landlocked" means there is NO legal access to the property.  If it was logged, either it was logged illegally, or the logging company paid a substantial sum of money to the owner of an abutting property for a temporary easement.

You can only get an easement if you contact an abutting property owner and negotiate a deal for the easement.  The cost of the easement can vary widely depending on the value of the property, how much access you want (width & depth of easement, for what purpose, etc).  Alternately, a property owner might sell you a strip of their land along their boundary line if it is a large-enough property ("large enough" in the owner's opinion!), and would not cause them any inconvenience or problems such as violating lot limits, setbacks or other zoning matters.

You have a long and expensive process ahead of you.  It can take years to deal with abutting property owners, zoning boards, etc. to get an easement.

For a "landlocked" parcel at tax auction, typically the reason it went to the tax auction is it is landlocked, the owner could not get any easement from anyone, and cannot use the property, therefore it is worthless.

Alternative: you might try access via helicopter if the property is large enough, there is space to land and take off, and there are no noise ordinances or airspace rights above the land you have to fly over.

Answer 7

Good question, and another reason why it's "Buyer Beware" when purchasing some properties.

I'm definately not a vacant land expert or attorney, and suggest you get legal advice on this issue. You might start with the local assessors or clerks office to verify the property does not already have an easement. Your Title company might also have information, you did get a Title for the property, right?

From what I've heard, the easement by necessity would be one way. Another might be easement by prescription in which you do not purchase your neighbors land but get legal use of it. Both may have the same costs. A real estate attorney would be able to help you obtain either.

From what I've heard, I would agree with the remarks about sub dividing the land. Simply because you own it does not mean it wasn't subdivided last year. You would have to wait several years to subdivide again, which is why so many builders put up site condos. (another possible choice)

I suggest (not advise) doing more of your legally required due diligence before purchasing another bargain. Someone local with pull in the zoning and building offices might be an asset right now.