Sure. They can always say no. In LA, we have pretty straightforward laws regarding access so I know we could pursue legal remedies to ultimately get this access. It would be a pain, take longer, and add a little in costs, but it was doable. My experience with this timber timber company, however, gave me a high comfort level it would play out exactly as planned. They are landowners, understand rural access issues and laws, and generally want to be be amenable neighbors. It was a calculated risk…but a very small risk in this case due to who the landowner was. Thanks for watching our vids!!!
Good question. That’s the language we always use in the docs. It simply means that the access is a general access for use with the land and not restricted to only a particular person or a particular use. There are some grants of access that are restricted to a particular person/group for a particular period of time and don’t convey (go with the land). We don’t do those! We secure a predial servitude - as opposed to a personal servitude. The former is permanent and goes with the land regardless who owns the land. The latter is more of a permit of use and ends when the time period is over and is only a right of use for the person it’s granted to. We need the predial (permanent) servitude so we can sell the tract with the new access attached. Thanks!!
@@RecLandTalksYour language is very different in Louisiana. In Alabama, we use the term “easement appurtenant” where the easement is attached to the land in perpetuity no matter who owns it, and “easement in gross” meaning the easement is attached to the present owner or whoever else may be specifically named and when they are all dead and gone so is the easement.
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Awesome. Thank you.
Sound good Sir
Thanks for the video. Been missing them.
Appreciate that. Life been very busy here.
Enjoyed the video Pat. Been a while since you made one - look like you have been exercising.
Ha! I have lost some weight the last several months. Down about 50 lbs. Still a fat boy! 😁
This is to much😅
Question. Could they have said no? what would you do then?
Sure. They can always say no. In LA, we have pretty straightforward laws regarding access so I know we could pursue legal remedies to ultimately get this access. It would be a pain, take longer, and add a little in costs, but it was doable. My experience with this timber timber company, however, gave me a high comfort level it would play out exactly as planned. They are landowners, understand rural access issues and laws, and generally want to be be amenable neighbors. It was a calculated risk…but a very small risk in this case due to who the landowner was.
Thanks for watching our vids!!!
Was it a non exclusive legal access ?
Good question. That’s the language we always use in the docs. It simply means that the access is a general access for use with the land and not restricted to only a particular person or a particular use.
There are some grants of access that are restricted to a particular person/group for a particular period of time and don’t convey (go with the land). We don’t do those! We secure a predial servitude - as opposed to a personal servitude. The former is permanent and goes with the land regardless who owns the land. The latter is more of a permit of use and ends when the time period is over and is only a right of use for the person it’s granted to. We need the predial (permanent) servitude so we can sell the tract with the new access attached.
Thanks!!
Thank you.
@@RecLandTalksYour language is very different in Louisiana. In Alabama, we use the term “easement appurtenant” where the easement is attached to the land in perpetuity no matter who owns it, and “easement in gross” meaning the easement is attached to the present owner or whoever else may be specifically named and when they are all dead and gone so is the easement.