I have a split parcel of land that has had an implied easement for over 20 years. The property was purchased by a new person who has restricted access to the back parcel. There is no other means of egress to the back parcel and I now have to file an easment with the state. Does anyone know what the steps for this would be?
2007-03-21 13:44:13 · 2 answers · asked by meretta1 2 in Politics & Government ➔ Law & Ethics
You will have to take the person to court. As you have been using it for twenty years, you have almost certainly established a legal easement (though maybe not a recorded easement) and will have to have it recorded as one to be able to give it legal teeth.
-Bart
2007-03-21 13:49:51 · answer #1 · answered by Anonymous · 1⤊ 0⤋
It depends upon the law of your state. However, if you have openly and continuously used the easement that you call an implied easement over the past 20 years, you may be entitled to claim ownership of the property, through the right known as adverse possession.
You should consult a local real estate attorney before taking any further steps.
2007-03-21 21:45:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋