Easement

Discussion in 'Iowa Whitetail Conference' started by Jdubs, Mar 31, 2019.

  1. Jdubs

    Jdubs Well-Known Member

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    New twist. Now the party in question has forwarded a new request to re-open a road closed by the county many years ago. I’ve been there 17 years and didn’t know a road was there. My neighbor hunted there as a kid and moved from Illinois in 1991 and the road was closed then. I do have a lawyer but wondering if anyone has experience with this one
     
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  3. goatman

    goatman I hunt days ending in Y

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    Yep. New landowner next to me tried this one also. You'll have to try and get the minutes from the county meeting when they closed it. Ain't it fun to keep paying lawyer fees when its not your problem?
     
  4. JNRBRONC

    JNRBRONC Moderator

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    I thought when they close a road, title transfers to a willing adjacent landowner?


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  5. Hardwood11

    Hardwood11 Well-Known Member

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    So am I reading into this correctly? Did this guy buy the land cheap, because of the access issue, now trying everything he can do to get an access?
     
  6. Jdubs

    Jdubs Well-Known Member

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    Have a willing buyer and seller. Buyer doesn’t want to buy unless he has access. The seller is trying to create access pre-sale. They are creating a land lock. Goat man how did yours turn out?
     
  7. Jdubs

    Jdubs Well-Known Member

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    Hardwood, the seller has hundreds of acres with frontage but he wants to sell an 80 behind me that’s low untillable ground , it floods, but good hunting.
     
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  8. Hardwood11

    Hardwood11 Well-Known Member

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    Is he asking too much for it, or why not buy it?
     
  9. goatman

    goatman I hunt days ending in Y

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    He didn't win on trying to open the closed road again. My wife went to the township and found the minutes to the meeting when they closed the road. It was in 1975. The egress and ingress easement is still pending after 1 1/2 years which we had 3 years before the new landowner bought the ground.
     
  10. Jdubs

    Jdubs Well-Known Member

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    Buyer wants to build on it. Through my field is the most convenient however there is access the seller could provide from other directions
     
  11. Jdubs

    Jdubs Well-Known Member

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    From the lawyer: A county road, the property the road is on, goes to the landowner when legally closed. To re-open the landowner must agree to sell the property back to the county. The only other way is eminent domain which won't happen in this case because the piece in question does not, or is not, considered a community commodity for lack of better terms. We think the road was closed in the 1950's and maybe before.
     
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