Re: question for John T

Posted by John T Country Lawyer on December 27, 2009 at 19:32:47 from (66.244.97.31):

In Reply to: question for John T posted by chuck t on December 27, 2009 at 15:44:39:

Chuck, I can tell you right now its impossible for anyone, even an attorney, to provide you with a competent professional "legal opinion" until the common and statutory laws of your state were researched,, the specific facts were determined including past use and the history of such,, and a thorough search of all past deeds of record concerning the properties was conducted, and even then, an opinion is ONLY an opinion (even a professional one) with no guarantee a Judge might rule one way or another.

THAT BEING SAID I can give inform you of some of the facts that a Judge will consider relevant and some of the legal issues.

I DO NOT NECESSARILY AGREE A JUDGE WILL FORCE IT although he may well, here are some things that need to be considered:

1) Is there access to the land OTHER THEN the way you mention?????? IF NOT its easier to get an easement of necessity. IF SO a Judge may NOT FORCE IT.

2) How long has this access been in use???

3) Has the land owner allowed the use and has he been aware of the same ???

4) Who all have used this access??

5) Is there any sort of language at all in the prior recorded deeds and/or sales contracts of the dominant or servient landowners???

Its certainly possible that a Judge may well grant an easement of necessity to the non owner in cases where the land is landlocked otherwise. Similar to the laws of Adverse Posession, its possible to aquire an easement by prescription over anothers land to gain access to your own SUBJECT TO SEVERAL LEGAL REQUIREMENTS.

SOOOOOOOOOOO as an attorney I can advise you YES theres a good chance a legally enforceable judicial order might be obtained that grants an easement (SUBJECT TO A TON OF LAW AND FACTS AND PAST DEEDS which I do not have before me).

NOW PRACTICALLY SPEAKING if this is contested it can be very expensive and time consuming to bring an action to quiet title, fees could well run in the thousands to tens of thousands of dollars DEPENDING ON HOW HOTLY ITS CONTESTED AND THE LAW AND THE FACTS AND THE PAST DEEDS OR AGREEMENTS

THEREORE my professional legal advice WOULD BE TO TRY AND SETTLE IT without litigation even if it means making a considerable cash offer to the dominant land owner to purchase EITHER an easement or a strip of actual land...AND HAVE IT (easement or fee ownership) RECORDED WELL DUHHHHHHHHHHHH

WHATS IT WORTH its worth MUCH MORE (per acre) than just the value of say 1 acre of land, so I doubt if land was say $5000 per acre you could pay $5000 to purchase an acre strip (BUT thats still negotiable and it depends on the owners and you)

Im gladddddddd you are going to consult local counsel, THATS THE BEST ADVICE I COULD OFFER and Id give more credit to what he says then opinions (including my own) found on a tractor forum where the facts and law and use and history and past deeds WHICH ARE IMPORTANT are simply NOT avaialable.

Best wishes and God Bless

John T BSEE, JD Attorney at Law

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