How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dan Your Own Question

Dan
Dan, Retired JD
Category: Legal
Satisfied Customers: 1164
Experience:  Retired attorney, general practice, with an additional background in financial planning,
5594706
Type Your Legal Question Here...
Dan is online now
A new question is answered every 9 seconds

I received 80 acres of land in Macintosh county Oklahoma ...

Resolved Question:

I received 80 acres of land in Macintosh county Oklahoma from the death of my Grandfather. This is surrounded by 50,000 acres of ranch land owned by a corp. My land is 4 miles from a public road and serviced by an unimproved trail. Do I have any rights of access to this land, and if not how do I gain access. The land was given to my grandfather in the 1903 indian allottments and the ranch caretaker has been hesitant to allow free access.
Submitted: 6 years ago.
Category: Legal
Expert:  Dan replied 6 years ago.

Leroy:

Under the language used by the Oklahoma, it looks like your remedy is to work to prove that you are entitled to an "Implied Easement" (in some states this is called an Easement of Necessity").

Here is an excerpt from an Oklahoma Supreme Court decision on this subject:
" In Story v. Hefner, 1975 OK 115, 540 P.2d 562, we said that an easement "is the right of one person to go onto the land of another and make a limited use thereof." Id. at ¶ 13, 540 P.2d at 566. Easements may be expressly created by deed, or by necessity, or prescriptive use, or implied in a deed. Id. We described an implied easement thusly:
An implied easement is a creature of common law. It is based on the theory that whenever one conveys property he includes or intends to include in the conveyance whatever is necessary for its beneficial use and enjoyment and to retain whatever is necessary for the use and enjoyment of the land retained. An easement by implication is a true easement having permanence of duration and should be distinguished from a 'way of necessity' which lasts only as long as the necessity continues."
See http://www.morelaw.com/verdicts/case.asp?n=2003+OK+51&s=OK+&d=25037 at Paragraph 17. (There is more in the case worth reading on this subject.)

The point here is that at one time the parcel you now own was part of a larger parcel, and that larger parcel had access to roads. At the point when the land between you and the road was separated from your parcel, the laws says that a permanent easement was implied granting you ingress and egress rights over that other land to/from the road.

So there should be some relief here for you, but it will almost certainly require that you go to court and file a an action asking that they declare an easement on behalf of your land. Doing this will get the easement judicially recognized, reduced to a writing, and in recordable form that can be recoreded against the respective properties with the register of deeds.

I can't see that this would be something you could do on your own, so utilizing an attorney would be appropriate. Also, you'll probably need to know how the series of transactions occurred over the years that left you landlocked so you can identify which part of the large current parcel owned by the corporation he easement should traverse (keep in mind that over time the corporation has acquired parcels that had been under individual ownership, so at the point when the implied easement was cerated, that land was a separate parcel and probably not part if this huge corporate owned ranch.

One thing strategically to keep in mind is that the corporate owner of the surrounding land could grant you an easement if they were so inclined. Your attorney may want to do his/her homework, but then communicate with the corporation before filing to say "We are preparing to file with ____ court to ask that they recognize and declare a permanent implied easement on behalf of my client. I feel pretty confident that he is entitled to that remedy. Your corporation will, of course,have to be named as a defendant in that suit. And then the court will place the easement where they feel is appropriate based on the law. If you would rather that we worked out our own arrangement so that he easement can be put in a place that is mutually convenient for you and my client, and so that we can both save attorneys fees and court costs, I would be open to that."

Also, I don't know if selling to them is something that you are considering, but if you are landlocked they more or less control your date and are practically speeking almost your only possible buyer. But if you can get an implied easement recognized for your property, then they have to compete against the marketplace for your property and the value will increase. Just a thought.

I hope this has been helpful. Let me know if you have any followup questions. If none, please remember to click on the ACCEPT link so that I may receive credit for working on this topic with you. (I'd greatly appreciate it!)

Thank you,

Dan

--------------

The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state.

PS: If an answer appears to you to have been very helpful, or to have taken above average expertise, and/or research, or if the answer shows an above average amount of time and dedication devoted to your issue, a bonus is nice way to say "Thank you". Thanks!

 

Dan, Retired JD
Category: Legal
Satisfied Customers: 1164
Experience: Retired attorney, general practice, with an additional background in financial planning,
Dan and 4 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.