3 days after our "for sale" sign goes up ,our neighbor that owns 26 acres in front of us told our realitor that if our home sells then he will put a fence at the beginning of the easement that we use & we will not have access anymore to our property. The easement has been used for 30 plus years. He told her that there is an easement behind us that we will have to use. We live on 1 acre & our septic & leach lines are back there and there has never been no access there. Furthermore we pulled up a map of our area & it does not indicate an easement on either side of our property. Any suggestions, please help, what to do?
2007-02-17 05:59:57 · 7 answers · asked by jag88 2 in Business & Finance ➔ Renting & Real Estate
If the ONLY access to your property is through your neighbor's property, then the easement is known as an easement by necessity. This is not revocable by your neighbor.
This easement is created automatically to any landlocked parcel that does not have any other access or egress. And if you care, it is derived from the English common law notion that land must be useful and therefore it must be accessible.
My advice is to have a real estate attorney make sure that it is in fact an easement by necessity and then have him/her send a letter to your neighbor before he does something problematic.
In reference to the above posts:
Not all easements are recorded in the public records. Implied easements, such as an easement by necessity, are created with no documentation. Never the less, they still have the same force of law as an easement that is created by a recording document.
Further, easements are not necessarily perpetual. They can be destroyed, which is what would happen to your easement by necessity if your neighbor were to buy your property. They can also be particular to an individual and not transferable. An example of this is an easement by prior us- but this example is state specific, I believe. Some easements can also be voluntarily surrendered.
2007-02-17 06:42:25 · answer #1 · answered by Homer J. Simpson 6 · 0⤊ 0⤋
In a recent Georgia Supreme court case of Keng V Franklin the court ruled- whenever a private way has been in constant uninterrupted use for 7 years or more years and no legal steps have been taken to abolish t, it shall not be law full for anyone to interfere with that Private way. Depending upon the interest to be protected, it is important that the action be taken immediately to prevent any loss of easements or property rites Thur inaction. So, you must act now as the other owner has no recourse as the property has been been used as an easement for many many years. Hope this helps.
2007-02-17 13:02:42 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If your easment is based upon the regular use of his property it is still as valid as if it was recorded on the plat. Proving that could be a problem, however.
You should seek legal advice and do whatever is necessary to perfect your right to use the neighbor's property and have it recorded. With that in place, you or the new owner will have solid proof or the easement.
2007-02-17 06:05:20 · answer #3 · answered by Bostonian In MO 7 · 1⤊ 0⤋
we have a perpetual easement because the people next to use wanted to build a new home but the county we live in would let them we had to seal up a old holding well but they gave us this perpetual easement now we have a problem for years we maintain a fence on the easement now the new owner said that we trespassed on her property we took down 6 panels of the fence that we maintain for 28 years
2015-03-19 13:28:34 · answer #4 · answered by edward 1 · 0⤊ 0⤋
Call up the County in which you live and have them come and survey the land (if you don't know who to contact call the court house or property tax office). Explain the situation to them, and they should be able to tell you where you can put an easement to your property. Also, try and see if the owners in front of your property want to buy yours. They may want the land to expand their own property. You may be able to come to an agreement with them.
2007-02-17 06:09:06 · answer #5 · answered by Keenu 1 · 1⤊ 1⤋
This is confusing. You better get a plat and have it checked professionally. Either there is an easement or there isn't, and you need to get an official plat. An easement cannot be blocked.
2007-02-17 06:12:02 · answer #6 · answered by justbeingher 7 · 0⤊ 1⤋
Sounds like a little strong-arming may be involved here - illegal. Get an attorney involved immediately that specializes in Real Estate
2007-02-21 08:53:57 · answer #7 · answered by walkinandrockin 3 · 0⤊ 0⤋