How do you obtain a legal easement to a landlocked property?

Question

The property that I am asking about is landlocked by 2 or 3 other properties. The listed legal easement is a county road that was washed out and abandoned by the county in the mid 80's. After the county road was abandoned property owners moved fences onto the easement between the county road and the property. Also, trees have grown to a size that it would take a bulldozer to remove them. At that time an agreement was set up with another adjacent property owner for access to the property. This has been the means of access to the property for more than 10 years. Now this property owner has sent letters to the land-locked property owner and the sheriff stating that this route may no longer be used. With no other possible way to access the property can they refuse entrance? If so what legal steps must be taken to regain access to the property?

Answer 1

It probably time to lawyer up at this point if the adjacent landlord owner is going to revoke the right to travel upon their land to access the land lock partial

A civil suit in the court or equity would be your only recourse, a review of how the property became land lock should give an answer as to which of the adjacent properties might the land lock property have a case of easement by necessity to force the issue or force the adjacent property owners to remove the fence along the old road but then the cost to clear the road will fall upon the land lock property owner

There is no easy slam dunk answer

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Answer 2

My husband is a land surveyor, when he gets home I will ask him and get back to you :o)

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Answer 3

Well for that you should see http://www.biznuss.net
i hope that resolve your problem keep using answers.yahoo.com

Source(s):

Personal Experience

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Answer 4

You need to consult with a lawyer on this. It may be that the adjacent owner does have the right to rescind the ingress/egress easement, maybe not.

Even though the county abandoned the road, it is unlikely that the other property owners have legally acquired ownership of that area. They are probably not paying property taxes on the extra land. You (or your lawyer) can check on this, and it may be that those people will be required to remove the fences. You might have to do some work and go to some expense to restore your access via that road.

If those other owners are going to have to go to some expense to move their fences, you might be able to negotiate a sale of your property to them, perhaps splitting it between the adjacent owners, at a price you and they can live with.

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