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Category: Real Estate Law
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Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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I am requesting information as to how I may access a parcel

Resolved Question:

I am requesting information as to how I may access a parcel of land that I own, unimproved, with no frontage on a public road.
I owned two adjacent parcels of 3.5 acres each for over 35 years. Both 500 feet from a county road. Parcel "A" had a 60 ft wide driveway to a county road. I lost this parcel, with improvements, to foreclosure.The redemption period has past and the property has been sold. Parcel "B" abuts parcel "A" but has no driveway to the County road. Parcel "B" has in it's deed, a road easement on the east part thereof. The owners of adjoining property have accompanying easements that have been obstructed by buildings and or plowed corn fields. This renders my "easement" not reasonably usable as the deeds do indicate.
I am also asking whether or not I have access to the parcel "B" through my former property under a "prior use"as this was the principle means of access for over 35 years. I would appreciate a clear and concise answer as to what are my rights and or options may be. The value of this property relies greatly on the accessibility thereof. I am a Senior citizen, living with a fixed income. Thank you in advance for your help.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Attorney2 :

Hello and thank you for your question. Is the parcel that you retained landlocked?

Customer:

yes

Attorney2 :

I am sorry the chat format is not working properly

Customer:

Will I get an answer now?

Expert:  Attyadvisor replied 1 year ago.

Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

How were you accessing the parcel prior to the foreclosure?

Customer: replied 1 year ago.

As I stated in the letter, I accessed parcel 'B',


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


As I stated in the letter, but maybe no very clear, I accessed the parcel "B",( the land locked parcel of interest ) as using Parcel "A", for it has a long (sixty ft. wide, and five hundred ft. long ) driveway to the County highway,as part of its physical form in "Deed", but Parcel "B" does not have that, but yes, as the principle means of access for in excess of thirty five years, I used the driveway and back part of Parcel "A", to access Parcel B, mainly as best means, and due in part to the building and trees on one other properties " thirty ft.road easement", and tilled and planted crops on the other, ( those with corresponding road easements over their east and west parts thereof). Also as the owner with the crops told me, he does not want me driving on his property,and causing any harm to his crops. But as of greatest interest, is if I'm legally able to continue the use of Parcel "A", even though I no longer own that property, and I never got that included in the Deed , prior to the loss by foreclosure ? Please feel free to ask any other questions that are important to the determination needed. Again, thank you for your help.


 


 


 


 


 


 


 


 

Customer: replied 1 year ago.
Relist: Other.
as stated in the sentence , open the question to other attorney's , so someone who may have had direct trial or arbitration experience , can respond.
Expert:  Law Pro replied 1 year ago.
Hi. New expert here. Allow me to assist.

You originally stated:

I am requesting information as to how I may access a parcel of land that I own, unimproved, with no frontage on a public road.
I owned two adjacent parcels of 3.5 acres each for over 35 years. Both 500 feet from a county road. Parcel "A" had a 60 ft wide driveway to a county road. I lost this parcel, with improvements, to foreclosure.The redemption period has past and the property has been sold. Parcel "B" abuts parcel "A" but has no driveway to the County road. Parcel "B" has in it's deed, a road easement on the east part thereof. The owners of adjoining property have accompanying easements that have been obstructed by buildings and or plowed corn fields. This renders my "easement" not reasonably usable as the deeds do indicate.
I am also asking whether or not I have access to the parcel "B" through my former property under a "prior use"as this was the principle means of access for over 35 years. I would appreciate a clear and concise answer as to what are my rights and or options may be. The value of this property relies greatly on the accessibility thereof. I am a Senior citizen, living with a fixed income. Thank you in advance for your help.


Answer:

As is always the case - property cannot be "landlocked".

So, by law - what happens is - that they go back in time what the parcel that is "landlocked" was part of a larger parcel of land that wasn't.

Since you owned "A" and "B" at one time - "B" would be part of the larger parcel "A + B".

A court would award you an easement over A just on that basis alone - an easement by necessity. The court would rule you have an easement over A because you at one time owned both of the parcels.

Additionally, easements can be made by "prior use" and "easement by necessity" in your case.

Easement by necessity - parcels without access to a public way may have an easement of access over adjacent land if crossing that land is absolutely necessary to reach the landlocked parcel.

Easement by prior use - An easement may also be created by prior use. Easements by prior use are based on the idea that land owners can intend to create an easement, but forget to include it in the deed.


What you were originally describing was an easement by prescription (a form of adverse possession). However, that would not be applicable in your case because you have to be using land of anothers to make that claim - you were using your own land. Easements by prescription, also called prescriptive easements, are implied easements granted after the dominant estate has used the property in a hostile, continuous and open manner for a statutorily prescribed number of years. Prescriptive easements differ from adverse possession by not requiring exclusivity.




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Customer: replied 1 year ago.

I think I understand your answer, as access over parcel "A" is now, my only choice, but if the new owner prevents my doing so, I may be charged with trespassing, if the Realtor, representing the lender/seller did not inform the buyer of that , as with trucks,trailers,and other equipment clearly visible,access of and by, "past practice/ prior-use", over parcel "A", should that have been described, and will the consequence's affect me?

Expert:  Law Pro replied 1 year ago.
If the owner of parcel "A" won't consentually give you access - you are going to have to go to court and get a court to enter an order giving you an easement over their property.

You might as well ask the owner of "A" if they will consent to recording an easement over "A" because you can't sell your property to anyone without an easement of record.

If they won't agree - then you have no alternative but to file suit to obtain such.

The realtor only had to inform them of what's of record - you have no easement of record.

So at this point if the owner of "A" won't let you use their property and consent to an easement being recorded - you have no alternative but to file suit for such and get an injunction allowing you immediate use of the "A" property.

Your positive rating of my service benefits my ability to continue to assist you and others like you. Thank you.

Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 23648
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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Customer: replied 1 year ago.

Thank you very much for your response, and very informative answers, as with most issues, we do not get a full understanding. Yes, a very positive reply is in order, and again, thank you.

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