While I agree with the theory that, in essence, there is no such thing as a land locked parcel, there are two distinct differences to case law in what has been said about this transaction. The first distinction is that the land was the remainder of lands not used by the developer and was a part of the development parent tract and secondly, when the subdivision was approved and recorded, it was a simultaneous conveyance, ensuring that every lot buyer against the unconveyed remainder gets their due, based on what was platted and paid for. Add to that that the lots contiguous to the undeveloped land are seemingly dense in the distance between one another and the improvements go back 60 years or more on lines of occupation. The case law that you quoted regarding this situation are not addressed, however, junior and senior rights do exist between the unimproved parcel and the subdivided lots, who, in this case, would have senior rights to what they paid for, with the complication of long term occupation along the common line. Playing the Devil's advocate, where should this access be provided across the number of densely improved lots? Does a Judge throw a dart at the subdivision plan that have two adjoining lots granting a half of the access easement between the two lots and impacting their resale values, versus the lots where the dart did not land? Going by case law, the easement would have to be purchased and improved and there is no ruling as to which property owners would have to accept the financial offer.
I took this verbatim from the reference. I would read this as using the statute to gain access to a road. The case law was provided by the author where the statute was used. I would not think that the only option for location of access is limited to the parent tract.
That's where things get fuzzy and the case law presented does not address the situation at hand, with long term occupation coming into play.
I love engaging in conversations like this and hearing the thoughts of others, sometimes they are educating and add great value to the topic, with open minded people like myself and others walking away from the conversations and learning something. The conversation and debate, no matter what the issue at hand is, make us better at what we do if we are willing to understand the points made by others.
There is a case in MD that is realative on a tangent . Deals with a right of way and the location thereof. I have to find the case and I will post it.
This is from the paralegal from the law firm representing the school district (the largest lien holder), who has been very helpful so far in the process...
When it comes to the deed the Sheriff’s Office prepares it. They use what information is provided by the Department of Real Estate and the deed gets created as a sale from the former owner via the Sheriff to you
So I will have to wait and see what they come up with, I guess I could file a corrective deed later based on an actual survey.
My guess is they will take the bearings and distances from the subdivision plan with some POB, probably my SE corner. Which is probably the best way to do it without a survey that located the existing lot corners.
John,
How does the next section of the subdivision, going up Cork Road, show the remainder lands?
Just surprised that at the time the subdivision was done a cul-de-sac into the remainder parcel wasn't part of the design. The municipalities in this area would have required a dedicated roadway up to the remainder parcel to provide access and possible future development, even in the 60's.
Total mystery to me why they did not develop this. My best guess is that they were hoping to acquire my parcel and come in from that way. As you can see from the GIS image in my post above there is no access on any side except mine from the north, other than maybe demolishing a house.
I bought my 8.5 acres at an auction in 2001 after the owner passed away and they wanted to settle her estate. There was a 5 bedroom mid 1950's home at the road to the west that I had to demolish to be able to get a sewer tap for my new house at the NE corner of the property. At the time there was a moratorium on new sewer taps, which has since been lifted. I just recently bought #571 on the road which was originally part of my parcel until they cut it out in the 50's. A house was built there, it burned down, then in the 60's or 70's the current house (4 bedroom) was built. I am selling that to my daughter once the rates come down, currently having remodeling done on it.
My guess is they will take the bearings and distances from the subdivision plan with some POB, probably my SE corner. Which is probably the best way to do it without a survey that located the existing lot corners.
Don't be surprised if your description just says "667-K-106"
Licensed Land Surveyor
Finger Lakes Region, Upstate New York
I would not be surprised. I can't imagine that the sheriff's office has an attorney or surveyor prepare it. The very simple document that I have to take down there tomorrow with my info for the deed says "you can call in 8 to 10 weeks to check the status of your deed"
I'm anxious to see what the recorded description is!
99.99% sure this (tax parcel number only) is what it is going to say. The vast majority of the sheriff's sale deeds around here (eastern PA) are written like this. If you are very fortunate it will have some kind of chain of title recital at the end, but most don't include that either.
I don't think anyone has mentioned this. Check out your redemption statutes. I wouldn't proceed with anything till the statutory time has passed if there is one in your state. I assume there is.
In todays world parcels like K-106 would be designated open space tracts and held by the public (usually via the relevant parks department) in perpetuity as mini wildlife refuges. Modern subdivisions in Oregon have these sorts of things created on purpose, as a condition of approval. Missing here is an access easement.
In todays world parcels like K-106 would be designated open space tracts and held by the public (usually via the relevant parks department) in perpetuity as mini wildlife refuges. Modern subdivisions in Oregon have these sorts of things created on purpose, as a condition of approval. Missing here is an access easement. - Norman
And P&R enters the discussion as we open the door to the planners taking vast tracts of land from a developer. But one might wonder if that was the intention and why property taxes didn't get paid on it.
