HISTORICAL ACCESS

What do we mean by “Historical Access”? Certainly, not every piece of property in the world has a public road touching the boundary. Each state in America has laws that deal specifically with these issues. “Historical Access” is the route that has been used historically to access the property.
photo 2                                                Over time, country roads and woods roads provided access for most landowners. Some of these roads were eventually dedicated to local parishes or counties. However, some roads still exist that technically are on private property. They have been used for years for the benefits of landowners beyond the public road. When landowners are in harmony, no problems exist. But, when landowners are not in agreement, one or both parties may attempt to exercise authority.
A “legal deeded easement” is a right to use land of another for a specific purpose, such as a right of way or utilities. A lending institution will usually accept this second to public road access.
“Easement by implication” and “easement by necessity” may be allowed by law as necessary for the full enjoyment of real estate.
“Easement by prescription” is acquired by continuous, open, and hostile use of the property for a period of time.
When buying land, take time to understand your access to the property. Talk to local and state authorities for an opinion in the event you are ever challenged on your access. Judges and courts tend to make very fair rulings regarding access.
Properties with limited access tend to sell a little cheaper than property on a public road. But, don’t pass up a good property because of access. Things usually get worked out so you can access your property.

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