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Question

I own 3 "patented" mining claims in La Plata Cyn, Co (purchased in 1990) and the road I have used to access my property crosses another privately owned mining claim that was only recently bought (in the last 2 years). The road I have been using has been there probably 100 years but the new owner does not want to give me the right to cross his land to get to my property. Am I just out of luck and land locked or do I have a right to seek a claim against him for refusing me access. I lost 75,000. dollars over this access issue when a buyer of my property backed out of the deal. Do I have a winnable case?

Submitted: 740 days and 21 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Optional Information:
Durango, Colorado

Already Tried:
Talking with the Forest Service. The road shows up on the topo map and connects to a county road CR-124

Accepted Answer

You have a case already as if you have been in continuous use of the road for over 7 years and can claim use by means of adverse possession if he refuses you access; read more HERE. There are other rules such as an easement of necessity since this is the only way to reach your property, that can be placed on the property through a court order. Have you pulled up the deed to the neighbor's land? More than likely there is an easement attached to it for this road, but even if there is not you still have the legal right to use it since you have for so many years in the past AND it was an established road when you began to use it. You need to go to the Clerk of Court or County Recorder's Office in the county where the land is located and ask to get a copy of the deed for that land; then file a civil action against him with the court (the Clerk should have these forms as well) to recover monies lost by not allowing the use of the road. Due to the length of time that the road has been there, the amount of years you have used the road, and the fact that it is the only way into your property; he has no claim to deny you access.

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Expert: truthfinder
Pos. Feedback: 98.7 %
Accepts: 2088
Answered: 10/29/2007

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