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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23426
Experience:  14 years real estate, Realtor. Landlord 24+ years
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I was given an acre of land by my grandfather... It is Aires

Resolved Question:

I was given an acre of land by my grandfather... It is Aires land co owned by him and three brothers along with many more acres of land.

So the land as a whole (30 acres) has an easement from another land owner to reach the road. Will this easement automatically extend to me when I survey my 1 acre away from the rest?

Also the one uncle has an existing road that he maintains and is the road easement pertains to. It is on open land not his soley. Its is still on the unsurveyed part of the 30 acres. Can he block us from using this road? Is the easement for him only? He said he doesn't want us to use his road (he doesn't own the land under it). Him and the landowner who granted the easement both use the road. What can we do? When does the road stop being a private driveway and become public access.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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So the land as a whole (30 acres) has an easement from another land owner to reach the road. Will this easement automatically extend to me when I survey my 1 acre away from the rest?
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If the easement currently crosses the one acre, then yes, it would still extend to the parcel. Any land that is burdened by the easement is forever burdened no matter how it is cut up unless the easement is extinguished by the owner giving up his rights to it.
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Can he block us from using this road? Is the easement for him only?
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The easement belongs to the holder of the easement and can only be used by him and his guests. So only the underlying property owner and the easement holder and his guests can use it. The easement just gives the right to the holder to use the land but it is still owned by the landowner it runs across.
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So yes, if you aren't the easement holder or the underlying property owner, you wouldn't have a legal right to use the land without permission.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.


My grand father is part owner of the land and he is fine with us using it.


 


Would it be better if I posted a pic of the land so you can better see?

Expert:  Barrister replied 1 year ago.
If you have permission from one of the owners, then that would be fine for you to use it. Just make sure that you get the permission in writing in case your use is challenged.
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Honestly, seeing a picture of the layout woundn't affect the legal aspect of whether you can use it or not.... If the easement extends across that particular acre, it will extend across it whether it is a 1 acre parcel or part of the larger 30 acres.
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Thanks
Barrister
Customer: replied 1 year ago.

red is my proposed acre


the white is a gravel road


the black is a dirt road


the house is the one uncle. the road is clearly outside his land

Expert:  Barrister replied 1 year ago.
Ok, if the easement is not on uncle's land, then he can't prevent you from using it. The owners of the land it sits on can simply grant you an easement to use both roads as well if they want to.
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But if you would be landlocked otherwise, you can file a "quiet title" suit against another owner and request an "easement by necessity" so you can cross another person's land the shortest distance to a public road. Since that road is already established, you could likely get a judge to grant you an easement by necessity.
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Thanks
Barrister
Customer: replied 1 year ago.


ok I never seen the easement documentation. He is saying that the easement only extends to his lot. But my surveyor says that my uncles lot is only separated for tax reasons and he never submitted paperwork for his deed so I don't see how it is possible that the easement only extends to his property especially since the road was there before he put his house there, and his land is still not soley his.


 


 

Expert:  Barrister replied 1 year ago.
I would have to agree that if the easement is not recorded and states that only he has the right to use the road, then he can't prevent others from using it. You could go down to the local county clerk/land records office and see if there is an actual recorded easement. It may be that uncle is bluffing you and there is no actual legal easement.
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So unless uncle can produce something in writing saying only he can use it, he can't legally prevent you from using the road. If the owners of the land it actually crosses give you permission to use it, then you should be fine without having to take any legal action to get an easement by necessity.
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Thanks
Barrister
Customer: replied 1 year ago.

im inclined to think there is an easement in place. Looking at the tax map you can clearly see the road is attached to my grandfathers land. on older tax maps the boundary lines do not extend to the public road. If I click on the road the info shows that land in my grandfathers family name.


 


What steps should I take before I push forward.


 


If the land is in my grandfather and 3 other brothers names would I need all four brothers written acknowledgement,


 


Or can my grandfather give me written permission to cross his land to get to the land that will now be mine.

Expert:  Barrister replied 1 year ago.

If the land is in my grandfather and 3 other brothers names would I need all four brothers written acknowledgement,

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No, any one of them could give you permission to use the road since it is on their property.

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Or can my grandfather give me written permission to cross his land to get to the land that will now be mine.

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Yes, he can do that as well.

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Thanks

Barrister

Customer: replied 1 year ago.


so if one owner gives us permission to cross his land. can the other owner protest this?

Expert:  Barrister replied 1 year ago.
No, as long as one says it is ok, then the other owner's can't prevent it since they own an undivided interest in the land.
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Thanks
Barrister
Customer: replied 1 year ago.


In your expert opinion what steps should we take to insure we will have worry free access to our land?

Expert:  Barrister replied 1 year ago.
I would suggest that you get something in writing notarized from one of the owners of the underlying land where they are granting you permanent permission to use the road to access your land.
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Thanks'
Barrister
Customer: replied 1 year ago.


If there is an easement from another owner will I have to have written permission from that owner also or will that easement transfer with the land.

Expert:  Barrister replied 1 year ago.
Easements run with the land and transfer when the land transfers. So if a previous owner gives you an easement and the land later transfers ownership, the new owner is still bound by the previous owner's grant of the easement.
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Thanks.
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23426
Experience: 14 years real estate, Realtor. Landlord 24+ years
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