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Hi, I am trying to buy a house in SC with 5 acres. It was originally…

Hi, I am trying to...
Hi, I am trying to buy a house in SC with 5 acres. It was originally an 11 acre tract but the owners split and refinanced the back 6 acres knowingly landlocking it just last year. The bank has foreclosed and is selling the remaining 5 acres with a house. I shruggingly assume that I would have to give an easement, is this correct? If this is correct, can I grant easement through the wooded part of the property that would have to be cleared or would I have to allow him to cut right through the a good pasture?
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Answered in 3 minutes by:
8/1/2009
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,838
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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If there is a landlocked portion of the land you must grant an easement for access to the propery. The location of the easement is generally negotiable as long as it is one of the more convenient ways to access the property to the road. This means that generally the easement has to be one of the shorter ways of access that does not substantially interfere with your use and enjoyment of your property. If the pasture is being used as such then an easement through there would interfere with your use and enjoyment, but if there is an area off to the side that only minimally interferes, this would likely be what the court would mandate if you cannot agree on where the easement should be.

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Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,838
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Law Educator, Esq. and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 9 years ago

Okay, the Easement. Do I sell this to him or does he just get the right of way and that's that?

Thank you so much for your help, I sure do appreciate it!

You are entitled to a reasonable price for the easement in compensation.
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