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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31217
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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i have paid off a 40 acre site with a 3 bedroom house on it.

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i have paid off a 40 acre site with a 3 bedroom house on it. when i purchased the propertky 10 years ago every thing was fine. now a new owner has purchased the land south of mine and has put up a gate not allowing me acsess to my back land. a river makes it inposible to cross. i had access by a two trACK

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.

 

Do you know if there's a written or recorded easement for the access road to your property?

Customer: replied 5 years ago.

in the land contract when purchased the owner had the right-a-way nothing in the contract stating such. in the plat book it shows asscess road leading to back land.

 

Ok.

 

The first thing you should do is check the land records to see if there is an easement recorded. If you have a plat showing a road, the clerk's office or tax collector's office should be able to tell you this very easily.

 

If there is nothing records, you would then have to claim an easement/right of way by prescription (continued use of the road for a number of years) or by necessity (meaning that this is the only way in and out of your property).

 

If there is no recorded easement, you still likely have a right to access through one of the other easement types (prescription, necessity), but in order to enforce this right, you would have to file suit and get a court order enforcing this right.

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