FARMLAND ACCESS EASEMENTS
PRESCRIPTIVE EASEMENT:
This option will pretty much limit your market to cash buyers only, as most lenders will not lend money to purchase property without deeded access. Another problem with this option is the unknown of what will happen when Mr. Smith is no longer the owner of the adjoining property being used for access. The new owner may not want you driving across his property.
LEGAL EASEMENT: Although in Nebraska or Iowa you cannot be landlocked, you still may have to go to court to gain some sort of access.
This will mean legal fees and other possible expenses, as well as, the court may only grant you an easement for ingress and egress (coming and going). The easement may be limited in width and not include utilities. This is a legal easement that the lenders will now finance, but the buyer may not be able to get power and public water to a home/cabin site.
PAID EASEMENT: Mr. Jones asks Mr. Smith to give him deeded access.
Mr. Jones can offer to pay for the survey and any other costs associated with having this agreement drawn up. This obviously is the best case scenario.
If you choose this option be sure that the easement is wide enough (typically 45’-60’should suffice) and allows utilities. We recently helped a client purchase a 45’ easement for ingress, egress, and utilities that was ½ mile long, at a cost of $4,000.00. The value added to the property was far greater than the cost to purchase the easement.
So, there you have it, a quick summary on how to handle a fairly common easement issue. In closing, I have found that when you encounter potential problems like this, it is best to sit down face to face with the landowner that you are requesting the access easement from. Calmly go over the process, and explain why it is needed. Most people will respond much more positively to this type of meeting over a cup of coffee rather than getting a letter or email. You might be pleasantly surprised at the end result.
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