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Is it legal to sell landlocked property that has no right of way?
Wiki User
∙ 13y ago
At common law the owner of a landlocked parcel could avail themselves of several different remedies such as easement by prescription, easement by necessity, latches and adverse possession. The details matter such as how long the land has been owned, used and occupied.
In some cases, landlocked parcels have remained unsellable because they were landlocked so long ago and access to the now nearest highway is over other land that does not share a common chain of title. In some cases a right of way must be purchased from an abutting landowner.
In many common law jurisdictions the common law has been codified and under modern statutory law an owner cannot sell a landlocked portion of their land. It is against public policy to sell land to which the new owner has no access.
This is an extremely complicated area of law and you need to consult with an attorney who specializes in land issues and who can review your situation, examine the title to the real estate and explain your rights and options.
Wiki User
∙ 13y ago
Yes, it is legal to sell landlocked property without a right of way, but buyers should be aware that access to the property may be limited or difficult. It is essential to disclose this information to potential buyers to avoid legal issues or disputes in the future.
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Can 1 heir sell property out of five in Ohio?
Yes, in Ohio, if there are multiple heirs to a property, one heir can sell their share without the consent of the other heirs. Each co-owner has the right to sell or transfer their interest in the property without approval from the other co-owners.
Can a person put someone else's name on a house and sell it?
It is illegal to sign someone else's name on a legal document, such as a deed to a house, without their knowledge and consent. Selling a property that is not legally owned by the seller is considered fraud and can have serious legal consequences.
What happens when trust states a parents home on one child's property will be left to that child after his sibling is given an amount of money but the first child sells the property before parent dies?
If the trust clearly states that the property will be left to one child, then the first child has the legal right to sell the property as the owner. It is important to review the trust documents and consult with a legal professional to determine if any provisions or conditions were violated by selling the property before the parent's passing.
Can your kids sell your house if your spouse dies and half is willed to them?
It depends on the laws of the state where the property is located and the specific details of the will. Typically, if the spouse leaves their share of the house to the children, they would have a legal right to sell their portion, but they might need approval or cooperation from the surviving spouse or executor of the estate to complete the sale. It's advisable to consult with a real estate attorney to understand the options and legal requirements in this situation.
If there is property left without a will and there are several siblings do all surviving siblings have to sign or approve to sell the property in Tennessee?
In Tennessee, if there is no will, the property will pass according to the state's intestacy laws. If the siblings all have equal ownership rights to the property, then all siblings would need to agree to sell the property. However, it's advisable to consult with a lawyer to ensure that all legal requirements are met in this situation.
Can you define the term landlocked?
Landlocked is property that does not front on a road and access can only be gained by crossing over someone else's property. The land is locked from legal access unless you have permission from another landowner to cross over their land. In many cases, landlocked property can have very little value and it might not be possible to sell the property to anyone other than a neighboring landowner. State laws vary but most prohibit the selling of land that has no access. If you contemplate the purchase of a landlocked parcel you should consult with a real estate attorney your particular jurisdiction.
Is it legal to sell property without disclosing sewer problems in Virginia?
No it is not legal or moral to sell property with known problems.
Does the person have the right to sell property on her name when the money to buy the property is from her live-in partner?
Absolutely yes. If the property is in her name then she is the owner and has the right to sell it.Absolutely yes. If the property is in her name then she is the owner and has the right to sell it.Absolutely yes. If the property is in her name then she is the owner and has the right to sell it.Absolutely yes. If the property is in her name then she is the owner and has the right to sell it.
Is it legal to sell landlocked property?
The answer depends on the details and the laws in your particular jurisdiction. Generally, if the owner owns a larger tract that abuts access they must provide access in most jurisdictions. If the parcel has been landlocked for a long period of time and the owner cannot provide access, a potential buyer may need to negotiate with abutters to purchase a right of way to the land. Also, a title examination may reveal an ancient right of way. This is a complicated issue and you should consult with an attorney who specializes in real estate law before making any purchase of landlocked property.
What if you win lottery and stop paying mortgage?
The lender will take possession of your property by foreclosure. It will then sell the property and will pursue you in court for any deficiency and legal costs.The lender will take possession of your property by foreclosure. It will then sell the property and will pursue you in court for any deficiency and legal costs.The lender will take possession of your property by foreclosure. It will then sell the property and will pursue you in court for any deficiency and legal costs.The lender will take possession of your property by foreclosure. It will then sell the property and will pursue you in court for any deficiency and legal costs.
What are the chief legal rights accorded to an owner of real property?
A person who owns real property has the right to the use of, possession of. income from, and profits from the property. If a sole owner, they have the right to sell the property or leave it to someone in their will. If they die intestate the property will pass to their next of kin through a probate proceeding.
What do you need to sell property?
You need to have some legal authority to sell or be the legal owner free and clear of liens.
Can you fight your right to the property your father is dead and your mother wants to sell the house?
Unless your father left a will, bequeathing the house to you on his death, the property is your mothers to do with as she pleases ! You, as a dependent of your mother, have no legal right to stop the sale.
Does a guardian have the right to sell someones personal property?
If the person is under 18 yes. a legal guardian controls all aspects of the minors life.
Can real estate property be sold before establishing paternity?
If you are not caught up in a legal battle right now concerning the property and you are the sole owner of the property then sell. She'll still get your money because if you're daddy you should pay.
Can a beneficiary sell the estate?
A beneficiary does not have the right to sell the estate. Only the executor can sell property.
How do you become a legal guardian for your child to sell property in Ohio?
You already are the legal guardian of your children. Until they reach the age of majority, you are responsible for their property. You may need a probate court approval to sell something that is in trust for them.
