![]() The use of a prescriptive right is generally limited to its initial purpose. Historic access roads may qualify as a prescriptive easement where evidenced by open, notorious, adverse and continuous use of a road for more than 18 years. Where a landowner subdivides, they may have implicitly reserved an easement for a landlocked parcel over one that is not landlocked. While difficult to obtain, implied easements may exist when a property was once part of a larger landholding. While eminent domain is not taken lightly, the “necessity” for access need only be “reasonably necessary.” If condemnation is authorized, the value to be paid for the easement will be determined by a jury of landowners or panel of commissioners. ![]() Should these efforts fail, they can petition the court to condemn access through a private way of necessity. If not, they must then make reasonable, good-faith efforts to purchase an easement. Landowners, whether landlocked or otherwise, must first consider whether there is another reasonable way to access the property and any present, legally enforceable rights to do so. In Colorado and much of the West, many access issues can be resolved by: (1) private condemnation, (2) implied easements or (3) prescriptive easements. If negotiations fail, legal action may be required. Keep in mind the easement may be worth much more to your property. If market value is $3,000 per acre, consider offering $10,000 for the easement. ![]() For example, an access road of one mile (5280 feet) times 30 feet wide divided by 43,560 square feet per acre equals approximately 3.64 acres. To calculate this, multiply the length of the access road by its width (always secure an easement that is wider than the road for maintenance equipment, snowplowing, etc.). Seek to negotiate a solution-perhaps offer to pay market value for the acreage in the easement. Nonetheless, as neighbors and times change, disputes over access have become more common. Winter weather may preclude the ability to survey in some cases. If so, plan for a wait of several weeks and some significant expense. In some cases, a survey may be necessary to determine property boundaries. Remember, the dreaded exception: “ack of access to a public road or highway” need not be an insurmountable obstacle. The exceptions to your title commitment may indicate such access issues. Next, try to ascertain if the access road in question crosses other properties. Google Earth can also be a helpful resource for obtaining more recent satellite imagery of the property and surrounding areas. ![]() Check websites for realtors’ listings and supporting information. Some maps may not have been updated for decades and may not accurately show roads, improvements or even tree lines. Geological Society quadrangle maps can be very helpful too-but pay attention to the date. If applicable, secure the national forest map for your particular area (today these are more easily purchased electronically than in paper form). Use a good map that clearly depicts private, state and federal lands. First, identify the property of interest and the nearest public road-often a county road or a state highway. With all due respect to David Byrne, property owners and potential property owners would do well to ask, “Well, how did I get here?” Does the road to my property (or potential property) cross other owners’ before it gets to me? What about that two-track that crosses my property? Are others using it to access their property? What if my access road crosses federal or state land?Ī little due diligence is in order. Legal access is indispensable to marketable title to real estate. Clearly many Montenegrins are upset by what's happening.By Guest Contributor Kent Holsinger, Esq. This refers to the Montenegrin President's alleged links to local subcontractors. Some of it says: “Milo – you are a thief”. On this journey we noticed the road to CRBC's headquarters was covered in graffiti. The deputy project manager of the State-run China Road and Bridge Corporation, CRBC, in charge of construction took us on a lengthy car ride, but refused to comment about the project. It is his belief that 100 million euros have been stolen from the project. He believes that choosing Europe would have meant more checks would have been done "and the construction would be done by now". Bojan also knows of subcontractors hiring illegal workers from neighboring countries, workers with no contracts or social security contributions.īojan tells us that he would have preferred Montenegro to choose Europe for this loan instead of China. ![]() The Chinese contractor brought in its own workers. Politicians promised lorry drivers, like him, that the motorway would create thousands of jobs, but Bojan got nothing. #My road to nowhere driver#Bojan Rajković, a lorry driver Montenegro ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |