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Old 05-15-2019, 01:07 PM   #251 (permalink)
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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!
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Old 05-15-2019, 06:59 PM   #252 (permalink)
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this thread is disappoint
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Old 05-15-2019, 09:42 PM   #253 (permalink)
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this thread is disappoint


Could be saved if op gets a motion camera on his tire spike driveway.... live feed to this thread!!!!!



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Old 05-16-2019, 03:54 AM   #254 (permalink)
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Well according to the Zillow add it will have three access points and none of which are the op's so
No shits given to let him on your property
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Old 05-16-2019, 06:24 AM   #255 (permalink)
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If that pic previously posted is legit, that roads been there for a spell and the property was quite probably split recently like with in 10 yrs but the road is vintage trailer placement time. Meander to the court house and peruse the titles and records on both properties. Then head to the nearest land lawyers office. You will probably end up in court if the real estate agent is shady.

I say that given there the land opens to the road adjacent to the suggested red gate line a PO drew in. Had the trailer been put in by someone other than the original owner there would have been a road from the main road...
but the easement was granted to the occupant, not the property, likely because the old lady and the OP's previous owner simply had an agreement for no reason other than convinience, or maybe they shared the cost originally to put in the pavement.

either way, she gone, and the easement did not carry over to the new owner, and the property is not landlocked, so I don't see how any of that is OP's problem.

It's the new property owner's problem to access his land through his own frontage.

I just know that having a shared driveway fucking sucks, and I would do everything in my power to keep that from happening.
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Old 05-16-2019, 07:22 AM   #256 (permalink)
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Land was split in '72 I've done my homework. Deeded right of way was granted to the old woman, she died. What was once a legal roadway is not as of 12/18.
Is the deed for the access recorded at the courthouse? If not its less of a problem but can be an adverse possession issue given its been used over 20 yrs.

If its recorded congrats you have a legal easement you have to deal with in court...

Like others have said see a real estate lawyer, no doubt the flipper is already doing that.
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Old 05-16-2019, 07:27 AM   #257 (permalink)
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Is the deed for the access recorded at the courthouse? If not its less of a problem but can be an adverse possession issue given its been used over 20 yrs.

If its recorded congrats you have a legal easement you have to deal with in court...

Like others have said see a real estate lawyer, no doubt the flipper is already doing that.
you should probably read the thread.

dude fucking up lawns is a real estate lawyer, looking to flip the property behind OP.

OP has a deed with no recorded easements, guaranteed by his title company. The easement was recorded and was struck when the old lady died an the OP bought the property.
There is no adverse possession claim for the new owner.
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Old 05-16-2019, 08:03 AM   #258 (permalink)
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but the easement was granted to the occupant, not the property, likely because the old lady and the OP's previous owner simply had an agreement for no reason other than convinience, or maybe they shared the cost originally to put in the pavement.

either way, she gone, and the easement did not carry over to the new owner, and the property is not landlocked, so I don't see how any of that is OP's problem.

It's the new property owner's problem to access his land through his own frontage.

I just know that having a shared driveway fucking sucks, and I would do everything in my power to keep that from happening.
Depends on what agreement the new property owner got when he purchased the land. Doesn’t matter what op says on the matter, he needs to get it in writing that there is no longer an easement. New property owner is just going to tell op whatever he wants him to hear imo.
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Old 05-16-2019, 08:04 AM   #259 (permalink)
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Is the deed for the access recorded at the courthouse? If not its less of a problem but can be an adverse possession issue given its been used over 20 yrs.

If its recorded congrats you have a legal easement you have to deal with in court...

Like others have said see a real estate lawyer, no doubt the flipper is already doing that.
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you should probably read the thread.

dude fucking up lawns is a real estate lawyer, looking to flip the property behind OP.

OP has a deed with no recorded easements, guaranteed by his title company. The easement was recorded and was struck when the old lady died an the OP bought the property.
There is no adverse possession claim for the new owner.
My understanding is that an adverse possession claim needs to be a trespass for over 20 years that wasn't acknowledged by the rightful owner. The old ROW has been a legal use for 20 years, and an illegal trespass for 5 months. Me calling the trespasser and acknowledging his trespassing nullifies any future claim to adverse possession from what I understand, which would need another 19 years and 7 months to pursue in this state. I'm no litigator but I did stay at an Holiday Inn once
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Old 05-16-2019, 08:06 AM   #260 (permalink)
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Depends on what agreement the new property owner got when he purchased the land. Doesn’t matter what op says on the matter, he needs to get it in writing that there is no longer an easement. New property owner is just going to tell op whatever he wants him to hear imo.
no, it fucking doesn't.

it matters what it says on the OP's deed that's recorded with the county office.

unless you think I should just be able to say that when I bought the property next to yours that the previous owner told me I could use yours too, and that's just fine.
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Old 05-16-2019, 08:08 AM   #261 (permalink)
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Depends on what agreement the new property owner got when he purchased the land. Doesn’t matter what op says on the matter, he needs to get it in writing that there is no longer an easement. New property owner is just going to tell op whatever he wants him to hear imo.
What agreement would there be if it isn't in the deed?

The lawyer/neighboring property owner KNOWS he has no ROW, hence why he deeded himself one through a neighboring piece of property that he bought, otherwise why would he do that? That, to me, could be better argued as reasonable proof that the guy knew that his access could disappear at any time, and planned ahead. Now since he's trying to flip the property, he doesn't want to invest in a real driveway.
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Old 05-18-2019, 10:00 AM   #262 (permalink)
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ROW

I have a road that leads to my house in the country I own the entire road the owners of my house prior to my buying it had left the road open to public traffic because it did go through to my other two neighbors who also had their own road to access their properties. When my daughter was born I did not want traffic going by my house so I closed my road just past my house with a cattle gate and put up a large private road sign no trespassing at the beginning of my road just off the highway. I was able to do this because I owned the road and it was all part of my property.
In your instance I would talk to the fellow who is driving ON your property to access his and ask to see the easement that allows him to do that, If he can produce one then get it reviewed by your attorney to insure that its valid if it is then you know and if its not then you need to work that out. I dont know if you can legally block somebody from their property when an easement did exist at one time? I also dont know if an easement can be attached to a person and not directly to that property? I would sure talk to him and get his point of view and then do some footwork so that you know what your options actually are!
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Old 05-18-2019, 11:24 AM   #263 (permalink)
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no, it fucking doesn't.

it matters what it says on the OP's deed that's recorded with the county office.

unless you think I should just be able to say that when I bought the property next to yours that the previous owner told me I could use yours too, and that's just fine.
improperly recorded
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Old 05-18-2019, 12:43 PM   #264 (permalink)
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Waiting for the pics of OPs fence with tire spikes
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Old 05-19-2019, 09:27 AM   #265 (permalink)
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Waiting for the pics of OPs fence with tire spikes


No!!!!!
Video!!!
Fawkin video!!!!!!


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Old 05-19-2019, 09:51 AM   #266 (permalink)
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