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rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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We purchased 80 of 140 acres from my fathers family ...

Customer Question

We purchased 80 of 140 acres from my father''s family trust. It is surrounded on 3 sides by Fish and Game land. There was a written agreement signed by fish and game and the trust in 1996 for right away to enter. We traded entering through their land for hunter''s walking through ours to access the fish and game. Now trying to sell it and they state the agreement is void. How can we get a legal right away and what''s the difference between legal and deeded right aways?
Submitted: 6 years ago.
Category: Legal
Expert:  rvlaw replied 6 years ago.

Hi,

Who says it is invallid and why?

Rich

Customer: replied 6 years ago.
The "right away specialist" told Val (he wrote it up and arranged the meeting w/my uncle-trustee and Grandma-now deceased) that she checked w/the attourney general and he said it was not valid. He said Val had no power to write it and it was not a legal document in anyway--wasn't even notorized. Also she pointed out it was between F and G and the Gibson family trust not us (I am a grand-daughter)There have no been issues as far as us entering or the hunters crossing. It's just that the possible buyers want a legal access in writing. None of the family members can even produce a copy of theirs and Pam w/F and G will not give us copy. She did read it to me.
Expert:  rvlaw replied 6 years ago.

I really need to know exactly what the "right of way" states. Was it notarized? Was it filed in the county clerk's office? Do any deeds refer to or include the right of way?

Rich

Customer: replied 6 years ago.
As I stated in my first reply::::it wasn't even notorized, also in my initial statement I said we checked at the courthouse---they said there was not an "amendment" to the deed. The paper that was signed stated 2 ways into the ground and gave the exact legal description. It also legally described the route the hunter's would be taking across our land to reach the F and G.
I guess I am asking if there are laws that would require them to give a description of a right away, in writing, as we've been told they can not "landlock" us out....
Expert:  rvlaw replied 6 years ago.

Does it say right of way or easement?

Customer: replied 6 years ago.
It just states the F anf G agree to exchange blah, blah blah for blah, blah blah with the Gibson Family trust....meaning the legel descriptions of both entry ways. Not very formal except for the description which read just like the deed description in distance and direction. I am not really getting the answer I'm looking for in the time I would have expected. I leave work in 10 minutes. Can I cxl my $15.00 fee? I was looking for an answer to the question: do we have a legal right to ask them for a description in writing....now that we own the ground? And you never have answered the difference between legal right away and deeded right away?
Expert:  rvlaw replied 6 years ago.

will address issues

 

Customer: replied 6 years ago.
Reply to rvlaw's Post: what do you mean? that you will still address issues? I am signing off and DO NOT want your answer any longer ---how do I get my CC refunded????? This is too slow! :(
Expert:  rvlaw replied 6 years ago.

1. Your credit card has not been debited.

2. Legal right of way and deeded are "apples and oranges"

Legal right of way...in a deed or not....can be of any number of types. eg. Prescriptive....when it is hostile to the rights of the adjoining landowner....letting one's horses go on the adjoining lot. You have no "legal right to ask anyone for the description." You want to assert the claim...you need to prove the existence of the right of way/easement.

Necessity.....landlocked situation....needing access to property that has no ingress/egress from a road.

Any of these easements can BE INCLUDED IN A DEED OR A DOCUMENT CALLED "EASEMENT". They are either legal or not depending on the circumstances.

3. Your case: What do you mean you now own the ground? Didn't your relatives own it and pass it to you? You are making the claim so you have the burden of proving what the right of way said...you have no "legal right" as such to obtain the description from anyone unless you start a lawsuit and then you can obtain it during what we call "discovery."

 

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

 

Expert:  rvlaw replied 6 years ago.
Again..your card was not charged. If it were, you would have had to ACCEPT.
Customer: replied 6 years ago.
Reply to rvlaw's Post: We bought 80 of the 140 acres---that was my original statement.....from the trust. There were 2 deeds--we bought the 80 acres described by one of the deeds. It made it simple for the trust to sign off without surveying.....gotta go---I thought this would be a lot simpler---seems not
Expert:  rvlaw replied 6 years ago.

Your case is very complicated.

Rich

Customer: replied 6 years ago.
I don't feel like I got an adequat answer. The "expert" only answered with other questions and continued to ask questions that I had provided the answers for in previous statements. I don't think the final: your case is very complicated is an acceptable answer. I DO NOT WISH TO PAY. CXL my 15.00 so called payment to "my" account. I will dispute it if you bill my CC.
Expert:  rvlaw replied 6 years ago.

Sorry you were not happy. You have not been charged because you had not accepted any of my answers which is of course your right. I will opt out and refer to another expert.

Rich

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