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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34788
Experience:  16 years real estate, Realtor. Landlord 26 years
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I inherited a small farm. The only access is to travel over

Customer Question

I inherited a small farm. The only access is to travel over a private road...The road has been there 40 yrs or longer...and has been used for that long...Can my farm become landlocked?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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.Can my farm become landlocked?

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No, if there is no other route to the nearest public road, then the owner of the underlying land would have to give you a "easement by necessity" if it hadn't been used for over 15 years and a "prescriptive easement" if it has been in use over 15 years.

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So here, if the route has been in use for 40 years, then you would have a prescriptive easement through the continuous use that can't be terminated.

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thanks

Barrister