If you’re hoping to gain access to a neighbor’s land to hunt, fish or simply to make it easier for you to access land that you’ve purchased on the other side, you’ll need to get permission from the property. The other party is under no obligation to just grant you verbal permission to access their land, but there are ways you can make it more lucrative for them to grant you this permission. In today’s blog, we explain how you can make it easier for a property owner to grant you access rights by sweetening the pot a little.
Tips For Gaining Property Access
There’s nothing in it for a property owner to just give you permission to access their land, but you can make concessions yourself and add some value to the situation so that they are more willing to grant you this access. Here’s what we recommend:
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Consider An Easement - An easement is a legally binding agreement that grants specific access rights to named parties. This agreement will spell out exactly who can access the property, why they can access it, when they can access it and how they can access it. This provides a property owner with peace of mind, as they know exactly what to expect when it comes to granting someone else access to their land. An easement also allows the property owner to revoke access if they can prove that the benefitted party is not following the terms laid out in the agreement. Instead of just asking for permission, see if they’ll form a contract through an easement that clearly defines access protocols.
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Throw In Some Cash - We’ve worked many deals where the benefitted party pays a one-time or annual fee for access rights. If accessing that land is financially lucrative to you or it’s simply just something you’re willing to pay to have, don’t be afraid to sweeten the pot with a payment. You don’t need to lead with this, but if it’s something you’re willing to do, a property owner is much more likely to grant access rights if someone is paying for this privilege.
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Cover Maintenance Costs - Your access will undoubtedly leave a greater footprint on the property owner’s land than if you were denied access, so be willing to pay for maintenance or property upkeep associated with your granted access. If an access road needs fixing because of your visits, or fences may eventually need mending, perhaps it’s wise to suggest that you’d be willing to pay for some or all repairs related to your property access. You can spell this out in an easement agreement to protect the interest of all parties.
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Set An End Date - You can also explain that an easement can be designed to have a specific end date so that your access doesn’t exist in perpetuity. If you’re paying for access, or if the property owner is unsure if they want to grant you access that could persist even if they attempt to sell the property, it can be beneficial for both parties to provide a specific end date in an agreement so that they aren’t stuck in an agreement that they’d rather adjust or terminate, because changing an existing easement is nearly impossible unless both parties are completely on board with the alterations.
We can help you develop an easement agreement that grants you access or protects your interest if another party is hoping to gain access to your land. For more information about simple easements or commercial easements, connect with the team at Commercial Partners today at (612) 337-2470.