Originally posted by sideways
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Originally posted by sqiggy View PostIt can. I've seen it happen.
Told this same story on the land for sale thread.
There is this county road. Where the county maintance stops, the road keeps going but in a oil/gas lease road, probably for 2 or 3 miles. The LO at the end of the county road had 40 acres. He decided out of the blue to put up a gate and stopped every LO from getting to their property. Not sure how many, but quite a few. They all got together and took him to court. The jury said either take the gate down or give every LO a key to the gate. The judge however, over ruled that decision and said he could keep the gate up. Then, since the LO's couldn't get to their property, he started slowly buying them out. He went from 40 acres to now over 1100 and HF it and now runs a high priced game ranch.
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Easements suck and I have found that people lie (or if I am giving them the benefit of the doubt, they leave out details) when money is involved. Do your research up front but not always easy to do.
Example 1 - I purchased a property that supposedly had 2 easements into it. The seller told me such, but neglected to inform me that only one of the easements carried over in perpetuity. In other words the second easement was only between the two previous owners of the property. Once they were both dead or no longer owned the property, the easement was gone, no longer in effect.
Example 2, I looked at buying a place a few years ago. It had an easement through to access it the easy way. But there was a county road that looped into the back, but would be about 20 miles further drive from civilization. So technically the property had access without the "easement". I paid money to talk to a lawyer who I wanted to investigate the situation. He basically told me don't worry about it until closing, let the title company research it. I really wish he would have researched it for me, but I guess he was a rubber stamp lawyer.. He did get like $700 from me and acted like he was doing me a favor talking to me for 45 minutes. Good luck. Hope you can get your situation resolved easily.
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