Posted by Betty A Gurley on March 27, 2005 at 16:46:23:
I have a double drive that has resently come to my attenion that there is a pie shaped part of this black top drive that belongs to the farmer next to me. I have sold the house, not the farm and now the owner of the ajacent land will not give me an easement. This drive has been there well over 20 years. He uses it, my farmer uses it, and I use it as will the new owners. Thank you, Betty
Landlocked - Access to the property - Posted by Quentin
Posted by Quentin on February 09, 2005 at 12:11:56:
I have an empty lot which is landlocked. The property is in California and is located at the top of a hill. There are five other properties at the top of the hill and they all share a common easement (a small road that runs from the top of the hill to the public road). I would like to build a house on the property so I would like to know if I automatically have rights to the easement (small road) or what? There is nothing on the title report that says that I have access to any easement.
Re: Landlocked - Access to the property - Posted by eric
Posted by eric on February 09, 2005 at 12:51:31:
There is nothing “automatic.” You need to talk to an attorney who specializes in easments. There may be some relief afforded to you if all of the surrounding properties were once under common ownership and the “lamdlocking” occured as a result of the common owner selling off the surrounding lots. This would be by way of an easement by implied reservation (sometimes also refered to as an easement by necessity).
The easier rout may be to negotiate with one of the neighbors for an express easment across their property. This may be quicker and cheaper than litigation.