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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.
What else can I help you with?
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?
Only a person who legally owns a home can sell it. If you "put someone else's name" on the home, it means you quit claim your interest in the home to them. They then have the right to decide whether or not to sell.
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?
You have a difficult situation. Once a home is built it becomes part of the real estate. It cannot be owned separately nor can it be left separately in a will or trust. The owner of the real estate has the right to sell that real estate. The house went with it. You cannot receive money for the house unless your parent and the owner of the real estate has a written agreement to that effect. Also, you have absolutely no right to any property devised to you in your parent's will or trust until they have died. If they no longer own the property when they die, the gift is extinguished.
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?
No, they do not have to sign. The executor of the will has the authority to sell the property. But they must have the permission of the court to do so. The other beneficiaries will then be able to state their position. Consult a probate attorney!
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.
Can a person in jail legally sell their property?
Yes, a person in jail can legally sell their property as long as they have the legal right to do so and the transaction follows all applicable laws and regulations.
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 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 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 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.
Is it legal for me to sell an abandoned vehicle on my property?
It is not legal to sell an abandoned vehicle on your property without following specific legal procedures. You should contact your local authorities to find out the proper steps to take in this situation.
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 agreeable heirs sell property of deceased without probating?
Yes, agreeable heirs can sell a deceased person's property without going through probate in certain circumstances, such as when the property is held in joint tenancy or if it is designated as a transfer-on-death asset. However, if the property is solely in the deceased's name and there are no joint owners or specific arrangements, probate is typically required to establish the heirs' legal right to sell the property. It's advisable to consult with a legal professional to ensure compliance with state laws and to address any potential complications.
