Can anyone tell me where I can learn more about obligatory access to landlocked lots. I'm on a board that has to evaluate the value of an unimproved wooded lot that does not seem to have any deeded easements allowing the owners to access their land from a public road. This is in Vermont.
It must be in your State laws somewhere. You could search through the volumes that form your current State Statutes or you could ask an attorney to point you to the correct statute. That might get you close enough for what you are doing.
This may take some research. One, the deeded easement may be mentioned wayyyyyyyy back and not carried forward, I seem to see a lot of this in Vermont as opposed to the other states I work in. Two, if the parcel was landlocked by a conveyance whereby the owner landlocked himself (herself), there may be an implied easement, any old woods roads or anything out there? Third, the Town (Selectmen) can always lay out a timber road for access for logging, etc., see 19 VSA 304 (a)(8) & 19 VSA 958. With regards to the timber road, this would not be access for development, only for the removal of timber, ie its not worthless in terms of the timber on it.
Something that stuck with me after I read it and now I can't find it. That happens a lot...
I don't remember if it was the U.S. Supreme Court or a State Supreme Court, but it was an interesting read where at least one judge had the opinion "landlocked" parcels really don't exist. The access to the parent parcel (prior to any subdivision that may have excluded a boundary line from public or private ingress and egress) should still provide access to those "landlocked" areas by rights of prescription. The opinion went on to read the location or confinement of that access is generally the center of litigation in such cases.
I wish I could find it. I'm still looking.
Paul D, post: 338791, member: 323 wrote: any old woods roads or anything out there?
I'm told there is a walkable path that is the remains of what was a town road. The old town road was discontinued by the select board in 1858. I think that's before parent parcel was subdivided.
I would want to see the deed that created the landlocked parcel, that is the deed that created the lot with road frontage that denied subsequent access to the remainder. I would also want to be sure as to whether or not the discontinuance of the town road occurred before or after subdivision. If the discontinuance occurred after, there are likely still rights to the easement, but only for the landlocked parcel. If it was discontinued prior to subdivision, it seems to me that an implied (unwritten) easement likely exists, if it is not clear in the intent of the subdividing deed.
Also would be curious if the landlocked parcel is accessible by navigable or public waters.
ashton, post: 338808, member: 422 wrote: I'm told there is a walkable path that is the remains of what was a town road. The old town road was discontinued by the select board in 1858. I think that's before parent parcel was subdivided.
If there was a "town road" that accessed the property, the "discontinuance" by the board would have only affected the public's right to use the road. It would have no effect on the private owner's right to continue use of their private easement which remained. That would include the right to subdivide the property. Public bodies can only pass ordinances and take action on public interest. Their vacation of the public right can have no effect on the private rights in the way. I would also have a hard time believing that the actions of an administrative body could change land from accessible to landlocked.
JBS
ashton, post: 338762, member: 422 wrote: Can anyone tell me where I can learn more about obligatory access to landlocked lots. I'm on a board that has to evaluate the value of an unimproved wooded lot that does not seem to have any deeded easements allowing the owners to access their land from a public road. This is in Vermont.
There are three kinds of easements: (1) expressed (written or oral), (2) implied (existing condition at the time of severance), and (3) necessity (no physical access at the time of severance).
JBS
The common law possibilities are:
Prescriptive Easement
Implied Easement
Easement by necessity
You would have to read your State Appellate Opinions to find out if they exist and what the requirements are. Your Statutes may provide guidance too.
Your local law library probably has a LexisNexis or Westlaw subscription; it's fairly easy to search using key words. My local law library even offers classes taught by the Librarians on how to do legal research.
If you have Statutes, look them up in the annotated code book, a lot of good information and cites to authorities reside there.
Paul D, post: 338812, member: 323 wrote: Also would be curious if the landlocked parcel is accessible by navigable or public waters.
No, there are other properties between the properties in question and the lake.
The USDA Forest Service has told me that the public has no easement across private lands to access landlocked public lands. In addition, they claim that even they do not have access to many of these landlocked sections. They have to utilize a helicopter to enter some of them.
I find this odd that there is public lands that are not accessible by the public, but at the same time I kind of respect the fact that the owner of private land should not have their land encumbered (without their expressed/implied consent), just because they are bordered by public lands.
