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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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Have lived in same house with same neighbors 20 years...new

Customer Question

have lived in same house with same neighbors for over 20 years...new neighbors are attempting to deny usage of it....isnt it grandfathered in...i reside in MI
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no other access to home but through muddy backyard and am currently disabled
JA: Is there anything else important you think the Lawyer should know?
Customer: just wanna know if he can restrict me from usage and if the usage would by classified as necessary or implied
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Legal
Customer: replied 6 months ago.
previous owner gave me access and told new owner it was an easewat...but nothing in writing...have basically no other way to access my home
Customer: replied 6 months ago.
oops sorry...thank you for connecting me
Customer: replied 6 months ago.
haven't spoke to lawyer, was trying to find out what rights were first;
Expert:  CalAttorney2 replied 6 months ago.
Dear Customer,Thank you for using our forum. My name is ***** ***** I look forward to assisting you today.I am sorry to learn of this situation.Unfortunately, if your access path was not recorded (meaning it wasn't both written down and recorded against the neighboring property and in favor of your property with the County Recorder's Office), then you do not have an easement (you cannot force the neighbor to allow you access).There is a very narrow exception to this for an "easement by necessity" when there is no other access to the property. However, in your situation, you do say that there is access to your property across your backyard, but the ground is currently impassable due to mud.Unfortunately this does not meet the legal standard for being "landlocked" - the course of action is going to be either to negotiate something with the new owners of the neighboring property, or to invest into the necessary work (putting in a sidewalk, ramp, or other improvements) on your own property so that you can access your home directly.
Customer: replied 6 months ago.
ok....but isn't there anyway that my usage would be "grandfathered" in....inabilty to use muddy backyard is because i am in a wheelchair
Customer: replied 6 months ago.
why would it not be implied or easement by necessity
Expert:  CalAttorney2 replied 6 months ago.
No, the use over the neighbor's property was "permissive" so there is not going to be a "prescriptive" easement.There is alternative access to your property so there is no "necessity" (as I noted above, the legal standard is no other access to the property, not necessarily easier access).
Customer: replied 6 months ago.
thank you for ur assistance in this issue....perhaps will call u tomorrow, the ole man is still awake
Expert:  CalAttorney2 replied 6 months ago.
Dear Customer, I do not participate in the phone call program for the site, however, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions. (If you have questions about these additional services, you can contact our customer service at: http://ww2.justanswer.com/help)Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.Thank you again, and again I wish you the best.Bill