do you have to give acess through your property to another property owner,and if so how wide?

Question

another property owner is demanding access to his property through my property, i have offered to let him go down the edge of my property to his but he insists that he hase the right to cut thru my property, instead of going down the edge he wants to drive across mine to a better access point, so he wont have do work to make an acess... ie cut some trees, and haul in some fill to make a road

Answer 1

Duke is NOT absolutely right. YOU CANNOT get a property by adverse possession when you are given PERMISSION! One of the elements that must to be proven is hostility, Hostility exists where a person possesses the land of another intending to hold to a particular recognizable boundary regardless of the true boundary line. That is, possession is "hostile" to the title owner's interest in the property. You cannot claim "adverse possession" if you are engaged in the permissive use of somebody else's land.

Have a title search done on your property and check the easments You are only obligated to do what it states, nothing more, nothing less.

Trust me, someone ingressing and egressing on your land with your permission is not going to cloud title. Not now, not ever.

Answer 2

You need to call your local zoning...that will determine how large the easement must be, if it is not recorded.

I would go and pull the plat map of your house and his to see if there is a recorded easement on your property...that will tell you WHERE he can cross and how much he has to work with.

However, how did he access his property before? Unless he is "landlocked", you don't have to allow him access at all.

Check the public records. Greg is right, and Duke is 100% wrong. You cannot "take" property by adverse posession when you have permission.

People that don't work in the industry, also don't understand how INCREDIBLY RARE adverse posession is....I have seen cases where it was warranted, and a judge just flat out refused to transfer the title.

#1 Rule in law school: The Law is what the judge says it is (written by a Harvard Law Professor on the board of all first-year law students)

Answer 3

I am assuming that this other property owner has 'landlocked' property, and that he has no other means of access to the property. You can gently inform him that, unless he stops being a jerk to you, his only legal means of access is by either helicopter or hot air balloon.

If there is no existing access easement, you are not required to provide one for this jerk. If he was stupid enough to purchase property with no access, he got what he paid for.

Answer 4

You under under no obligation to do so, unless there is an easement or similar clause in your title deed; consult with an attorney. Be very careful about allowing uncontrolled access; this is a common trick people use to take others' property by adverse possession.

Answer 5

Unless you have something in your property deed which requires this you do not.
Talk to a SOLICITOR OR LAWYER
if access is allowed for a continuous period of time - you cannot withdraw it and you may well end up losing your property - and certainly rights to access!!

Answer 6

You may have to, BUT ask a property lawyer about your rights.

You may find that they have to go through someone else's property.

Don't just cave in to their demands, but ask someone who can give you the answers you need.

Answer 7

duke is absolutely right do a search on what he said 100%!!!