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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33757
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have a piece of property that my late husband bought in

Customer Question

I have a piece of property that my late husband bought in 1970. He was not aware he did not have a easement to it. Now the property around me has been sold. Is it a law that the new owners will have to give me an easement to my property? Before the agreement was verbal but she has passed away. This is the second time someone has bought the property around me.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is it a law that the new owners will have to give me an easement to my property?

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Yes, the law doesn't allow "landlocked" property that is inaccessible. An owner of a landlocked parcel has the right to an easement to cross a neighbor's property the shortest distance to a public road. If the neighbor won't voluntarily give an easement, then the owner can file a "quiet title" action in court and seek an "easement by necessity" which the judge has a legal duty to grant.

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The easement would then become a property right that would transfer down to any subsequent owners.

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thanks

Barrister

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