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Land For Sale In Alabama Land Locked Property For A Better Deal Easement By Necessity}

Submitted by: Chuck Magee

If you are searching for a deal on land for sale in Alabama think about a tract of land locked property to get the sales price down. A land locked tract of land can be a nightmare to deal with but could also save thousands on your negotiated sales price.

How and why would I deal with buying a land locked property, this would have to be the first question you would ask yourself if you have never dealt with land with no road or easement to it. The first thing we need to do is set up a scenario to work off of so lets use a land tract lets say twenty acres sitting behind a forty acre land tract. I know this is hard to picture in your mind but lets forget a minute about everything except there is no legal access to the twenty acres of land for sale in Alabama.

Where do you start, lets assume a few things in the closing process like you have negotiated a great sales price on the land because it has no road or legal access, also that the only thing left to do now is work out an easement to the land. I would recommend predicating your contract for sale on your ability to gain legal access to the land if not you will have a very hard if not impossible time securing financing for the closing and this could leave you open to a possible law suite for specific performance for not fulfilling your contract obligations. We are also for this article going to use the easement by necessity argument which is a very common issue in buying land for sale in Alabama and other southern states where property has been acquired through heirship, meaning death of a parent with no will.


Lets say Mr. Smith purchased his twenty acres of land for sale in Alabama and an easement by necessity arises by implied grant when his part of the original commonly-owned tract of land is severed (sold) in such a way that either portion of the property has been rendered inaccessible except by passing over the other portion or by trespassing on the lands of another. An easement by necessity requires no written conveyance because it is a vested right for successive holders of the dominant tenement and remains binding on successive holders of the servient tenement. What exactly does this mean, if a tract of land started out being sixty acres and the original land owner sold twenty acres years before Mr. Smith purchased his tract and that twenty acres lies behind the forty away from the main road then that twenty acres Mr. Smith purchased is by legal definition not land locked and accessible by easement by necessity or a must have for the right of way or easement.

This does not mean smooth sailing by any stretch, the owner of the forty acres in front of Mr. Smiths twenty acres can fence or gate off his twenty acres at any point and this will usually lead to court action so better to get that easement in writing prior to your land closing. Take all your legal argument with you and ask for a meeting with your soon to be neighbor and try to work out a written easement which just solidifies your legal right to the road or passageway to your land. If you cant work out your easement with the neighbor get an experienced land attorney to file suite for you and do not waste your time on an attorney with no experience, ask how many cases he has filed and more important how many he has taken to court and won. An inexperienced attorney will cost you time and money and dont think if he is bad enough that he cant lose this sure win way, a bad attorney can kill this process I have used many legal arguments in my days of buying and selling land and easement by necessity is always the easiest to prove sometimes you will be challenged in court but thats how you negotiate a cheep price and remember this may not become an issue for the original land owner until there is a new owner in town, you.

There is a lot of land for sale in Alabama that is land locked and that is a perfect opportunity to save thousands of dollars buying your land. If you have the patience and fortitude to buy land locked property and work out the problems you could save as much as half of the purchase price of the land.

About the Author: In 2000 Chuck and his wife Lindey developed a website called The website was launched for uniting the real estate market in

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. In 2009 more sites were launched as sister sites for other states like

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Land For Sale In Alabama



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