• ODT Gun Show & Swap Meet - May 4, 2024! - Click here for info

Contract to buy land

They could petition for an easement of necessity. It would be rare for it not to be granted. It would probably exceed the value of the property in this case. Landlocked property does exist and can be hard to deal with if the neighbors are bad. That doesn't mean you can't do anything about it.
 
But, but, but, but, it's impossible to have a landlocked piece of land in Georgia. I know that because I read it on the internet, in fact, some real estate agents told me it was so because they took an hour long on-line course that sort of said that. :wacko:
Are you suggesting there is no such thing as an easement by implication in Georgia? :confused:
 
Are you suggesting there is no such thing as an easement by implication in Georgia? :confused:


Nope, not saying that at all.

What I am saying is that it is possible to landlock a piece of land and not have the right to a way of necessity. It occurs in exactly the scenario set out by the OP - when the landlocked condition can be traced back to a common grantor, it is presumed that the grantor knew he was landlocking himself, and neither he nor his successors in interest can claim a way of necessity over the properties of the grantor deeded away.

My comment is based on the fact that every time someone discusses landlocked property, most will say that you can't have landlocked property in Georgia, and that you are always entitled to an easement for a way of necessity. That's simply not true, and you can't determine if the current owner is entitled to such an easement without a full examination of the title, and a qualified opinion. Course that usually costs some money, and that's just not the ODT way. Anonymous advice on the internet is always my prime source for legal and medical advice.

Usually the discussion comes up "I'm looking at piece of landlocked property, should I buy it" and the peanut gallery says "Sure go ahead, you're entitled to an easement." Maybe, maybe not.

There is another thread on here somewhere where the poster insisted that there was no such thing as landlocked property in Georgia, until he finally did the research and admitted I was correct.

I can show you sizeable piece of property right now in Oconee County that is totally landlocked with no right to access. I knew this already, but the timber company that owns our hunting lease (adjacent land) bought the timber on the landlocked parcel, and had to "rent" an easement to haul it out. When the term ran out, the easement ended. The owner of the easement got a free road as part of the deal, but the landlocked parcel is still landlocked.
 
pay a real estate attorney. It'll prevent any of the loads of problems you probably could create for yourself if you don't.
I hate to agree with this. But I do.

The potential hassles are enormous.

But buddy, I hate lawyers with a passion.
 
Adverse possession like a MF! Okay, seriously though - paying an attorney $250 is a cheap and easy enough way to avoid future headaches. Imagine downloading a boilerplate form and then finding out that 1) the language might not be compatible with GA property law, 2) you might not understand all the provisions, 3) some of the provisions could be ambiguous or silent on important parts of the transaction, 4) the agreement could somehow be found to be unenforceable, and 5) you get sued for a parcel of land that you thought was yours and you end up paying an attorney 10X as much money to do what could have been done if the agreement was properly drafted.

If I were in your shoes, I would have a K drafted up properly by an experienced attorney and then sleep easy at night knowing that things were done the right way the first time. The potential headache from a screw up somewhere along the line looks to be a lot more expensive than $250.
 
The bigger the risk, the more careful you should be.
This piece of property is almost worthless.
Certainly it's not going to be worth fighting over in court later, right?
I think you could write a "bill of sail" on lined spiral-bound notebook paper in brown crayon and that would work.
(You know, just like we ODT folks use when celling guns.)

Just make you you also type-out a warranty deed and have the seller sign it to officially deed the property over to you. That document will be recorded in the county courthouse as a public record.

LIBERTY'S TEETH brings up a good point-- surveying. Will your county recognize that little bit of land as a separate parcel, for tax purposes, without having a professional survey done that fixes the boundaries of it to the millimeter, and which then calculates the number of acres (square feet) from that? Will they let you do it yourself, if you are capable of doing the measurements and calculating the area?

If you have to get it surveyed, it's really expensive, and probably "not worth it" for that deal. But, if you don't get the property recorded in your name for tax purposes, you won't really have clear title that lasts forever even when you and the seller are dead or feeble-minded elders, and your grandkids want to know who owns that muddy strip of land. They are likely to say that whoever owns it per county real property records at the courthouse is the true owner.


He is saying that recording the warranty deed at the courthouse is key... he would be correct...
 
As a real estate agent, my advice is to call a closing attorney, they will likely need to handle the transaction anyway.
 
  • Like
Reactions: MRH
Back
Top Bottom