Originally Posted by Weasel
paved road isn't a good sign but according to the local GIS that isn't a landlocked parcel. Looks like they should be able to make their own access road. Unless the property lines are off?
Very much this...
But even a faint trail that's not been used for the past 10 years can obtain an easement easily if it was ever just "used" as one. But it goes away as soon as the property gains it's own road access.
GIS is RARELY off that damn much but this is clear as mud that they have other access.
I'd be a dick all day long if it was my situation. Land cost money now days and becoming less and less of it!
I'd just take a risk and cut a ditch through the driveway and place up a No Trespassing sign. And only eat crow and replace it if they can provide proof of an existing easement. But even that is EASILY fought if they have their own road frontage.
Now if they go subdividing.... Then this casket will rise out of the ground again. It's required to pay an attorney Title Insurance during closing. That said, contact "your" closing attorney. You do NOT contact the other owner nor his attorney nor his wife or dog. It's not your job to unless they have something to offer.
I deal with it regularly. Even had to deal with it at my house. It's pretty much the same across the board.
Although it appears a non-issue here, you can refuse to convey a right-of-way / access easement. But the exceptions are if a landlocked parcel has been using a path for a given time then you HAVE to grant access. Also if you develop or improve your property in a way that you have to obtain a permit next to a land locked parcel, then you will either have to provide access or most likely will be denied a permit.
There are many instances where land will most likely never have an access easement unless they can convince an adjoining owner with road frontage. I run across them often from time to time.
But in this case where there is a clear path that was used for the purpose. AND since it was a conveyed easement at one time, it would be nearly impossible to deny it ONLY IF THE OTHER PARCEL IS LAND LOCKED!