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Tool Talk Discussion Forum

OT Access Question

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Brian

02-09-2004 09:24:49




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I have two ways into my farm. One from the road & the other through the neighbors. I can get to back field but it is much easier & doesn't have to cross the creek if I go through neighbors ground. As far as I know (checking now) there is no written easement through the neighbors place but that access has been used for at least 50 years. There is a well established crossing between fields. "New" neighbor doesn't want this to continue. How does a common-law easement come to be?

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KEG

02-10-2004 16:08:33




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 Re: OT Access Question in reply to Brian, 02-09-2004 09:24:49  
Based on the replies so far, a lot of you guys need to check your states law regarding easements. It is likely that the statutory language is not what you think, and you may be quite surprised at what happens if challenged. Any way you put it, a short meeting with a real estate attorney in your state is a good idea so you know the real story.

KEG



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Nolan

02-10-2004 11:35:14




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 Re: OT Access Question in reply to Brian, 02-09-2004 09:24:49  
Check your laws. Around here, Adverse posession could *have* come into play if you would have acted on it. But, since your neighbor said get out before you took legal action, you would lose.



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Keith

02-09-2004 15:06:30




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 Re: OT Access Question in reply to Brian, 02-09-2004 09:24:49  
Great advise to find a good real estate lawyer to help you in this matter. The law if it is applicable in your state would be to obtain a easement by adverse possession or prescription. These common laws require that you prove that you have used the drive for an extended period of time and that during this period of use your neighbor was aware of your usage but did not object... In addition there are about 5 tenants of the law must be met pertainng to how the way was used and cared for. This may be costly and hard to document. Have you thought about buying a right of way from the neighbor or perhaps a land exchange to cover an area equivilent to the right of way?

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bob

02-09-2004 22:01:57




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 Re: Re: OT Access Question in reply to Keith, 02-09-2004 15:06:30  
In West Virginia if a road has been used for 10 years without any objection it is presumed to be a right of way. If there is no stated width, the width is presumed to be 10 ft.



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George

02-09-2004 13:27:36




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 Re: OT Access Question in reply to Brian, 02-09-2004 09:24:49  
Get yourself a good real estate lawyer. Laws vary from state to state. Here in Florida, if you cannot buy an access road from you neighbors, you have to sue them for an access easement, which does not make you popular person.



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kyhayman

02-09-2004 12:03:58




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 Re: OT Access Question in reply to Brian, 02-09-2004 09:24:49  
As I posted below, that depends on your state laws. I would make myself an expert on them if I were you (at least related to easements and access). My dad and I have a farm in the western part of the state that Circuit Court ordered a 12' easement in 1952. About every 10 years we have to get a court order b/c the landowner puts up a cable. Then (on my dad's main farm) he wasnt careful when he sold a tract of land. It had an old county road that was the boundary. We used it to get to the back of the place. Long and short of it is the county abandoned the road and one of the adjoing land owners has not blocked our access but has stopped us from improving the road (pulled a shotgun on the bulldozer operator). So far I've spent 4 years and $10,000 trying to get the road open with no end in sight. Will probably wind up going to the state supreme court before it's over.

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John

02-09-2004 11:56:37




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 Re: OT Access Question in reply to Brian, 02-09-2004 09:24:49  
In our area since you have access from the road and nothing in the deed about another access road you are stuck. The only way some one is forced to give you access across their property is if you have NO road access.
If you sold the back field you would be required to build a road across your property to allow access even though the other road is there.



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Bill Smith

02-09-2004 11:55:28




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 Re: OT Access Question in reply to Brian, 02-09-2004 09:24:49  
I own a chunk of property. I own three sides around a neighbor. He has road access on the otherside of his property but has to drive entirely across 1/2 mile of his property to get to the part I own around. As a friendly neighbor I let him go across my property to get to his, unless I will suffer crop damage. He has no easement right acrost my place, its all verbal permission, hey go on acrost my place. Unless you have something legally on paper, you can only go acrost his place with his permission only. Since you have access to your property by way of a roadway at the other side, it is unlikely that you would be granted an easement in court. You may be able to acquire an easement for an access driveway through his property but would have to be entirely his cooperation and he would most likely want money. You would moreless be buying a strip of ground from him to put the driveway on.

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sn

02-09-2004 10:56:34




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 Re: OT Access Question in reply to Brian, 02-09-2004 09:24:49  
I would say there is no common law, its his land, not yours, so if he has not signed anything better not use it.
My house has the drive, so when I Bought it they wanted me to sign easement,told them no way.
I have no problem with it.But when I do, no one will use it.



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Check deeds..John,PA

02-09-2004 09:35:44




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 Re: OT Access Question in reply to Brian, 02-09-2004 09:24:49  
Sometimes, if you check the deeds of your land and the adjoining properties, your right-of-way might be already on the deeds.

I had a property which had a right-of-way across the corner of my land. The right-of-way wasn't on my deed, but on the deed of the farmer who used my land. The right of way was only thought of as a "gentleman agreement" by the former owner of my land.

Well, when I sold the property, the right of way was not included on my deed transfer. The owner of the other land had to come-up with another entrance to his property. Gets sorta tricky.

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Robert

02-09-2004 10:55:10




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 Re: Re: OT Access Question in reply to Check deeds..John,PA, 02-09-2004 09:35:44  
I bought the center parcel from a piece of property that was subdivided after being purchased at an estate sale. My piece had no access except through the neighbor's when I bought it, so I had to make a new entrance, and road to get on to my place.
All that friendly "sure, go ahead, you can go through my gate", went by the way side when they found out I wasn't going to raise cows, and I didn't want their cows in my oats/clover, that I'd planted as food plots for the deer. I also didn't want their cows in my tank.
I'm learning as I go, but there's a lot to be said for being sulf-sufficient. The down side, is that it might come back to bite you in the butt (being self sufficient). I needed access to get a power line run, but it's "pay back" time, and the one neighbor won't grant an easement. (See post below, for the story)...

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