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meatman | Had 120 acres,sold 80. access to 40 through the 80. new owner says no.Must pay. Using this access 30 years? |
My uncle owned 120 acres but due to age and illness sold 80 acres to a neighbor. The 40 acres are accessed through the 80 acres and now the new land owner says we have no access unless we pay. The 80 acres my uncle had was inherited from his father and has been in the family for over 60 years so I dont know any of the easements that came with that property. Proberly just a handshake at that time. The 40 acres were purchased 30 years ago and that may be the same kind of deal. Is the new owner correct with what hes doing and if so what should we do. We have my uncles permission to hunt and fish his property but cant at this time. |
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bmwdriver11
 |
You should check in the county recorders office for an easement. If it doesnt exist, you screwed up when you sold the other land. You cant claim adverse possession, if you had been doing it for 30 years on someone else's land, you potentially could, bit it was your Uncles and you sold it, knowing that you needed access through it, but didnt tell the new owner. Now, the law generally will not allow parcels to be "landlocked". So Im sure you will be able to still get some sort of access to it. But in order to get that access established, since you didnt put the easement in as a part of the sale terms (and if there is no easement existing at the Recorders office), you will likely have to file suit against the other owner. Which means that you'll have to hire a lawyer, pay legal fees, court fees, spend some time in court, etc. It may be cheaper to pay the neighbor for access, honestly. Thats a big "whoops" on your part. |
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robert w
 |
contact local real estate attorney .
ur uncle has legal access through the property be means of time.
the new neighbor may be forced to accept the easement with out payment. |
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chatsplas
|
Go to attorney who handled sale for your uncle. Need to get this cleared up now, before it becomes more complicated. Won't be able to sell property or use it without clearing this up.
IF this new owner bought from your uncle, they cannot deny acces to property, cannot deny easement. Easements should be recorded, but aren't always. |
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rsmf
|
I don't think he can do that. |
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observer
|
you have gotten yourself into a land lock situation. I'm not an expert on this but depending in what state that you live in and that the property was in your family you should fall under a grandfather clause. but because you divided up the property it could go out the window hopefully you went through a restate office.if they knew what they were doing it shouldnt have happend then it should of been caught on the transaction. I wonder if the person bought the property already knew this? |
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Gary Smith, Realtor®
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You should start by reviewing the Title on the property. That might have information about an easement when the property was purchased.
I'm not sure about your State, but you can also check with the Title company about easement of necessity. More information on the website below. |
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Ant
 |
there is a law not sure what it is called, but is does grant you access to your property. with out having to pay. |
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espnorris1
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Going thru something rather similar ourselves. My suggestion would be to offer a monetary settlement first but be sure to have an attorney draw up the payment as your legal easement and have it filed in the court. The legal fees in suing may shock you and may not be worth it assumming you may or may not win considering that you did not think it completely this access issue through before you sold the other property. The courts may also be tied up and the time it takes to sue could be lengthy. Offer a settlement first! |
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kelly
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what is written in the contract you need to look at that |
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bonniegreen
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Contact a local title company to see if any "easement" (the right to use a part of your neighbor's property for access) now exists. They will pull up all the old record on the your uncle's property for a very small fee to see if any agreements are in writing.
If there are none recorded, you need to contact a real estate attorney immediately. They can help you get a legal easement. In the meantime, you need keep using the property to preserve your old handshake easement. Do not let it go too long. In many states there is a law that allows these informal arrangements to access property as long as the use is regular. Your Uncle obviously had an agreement with the previous owner that was long standing so the new owner inherited that handshake agreement and the very fact that the use was longstanding gives the new neighbor less say. So ask the attorney and keep your easement by defying the neighbor openly. The law is with you and the law generally won't allow a property to be landlocked. Best of luck and happy hunting! |
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