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AttyHeather
AttyHeather, Lawyer
Category: Real Estate Law
Satisfied Customers: 547
Experience:  Attorney with 15 years experience
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3 PEOPLE OWN THIS ROAD THAT COMES OFF SR 97. (COUNTRY

Customer Question

3 PEOPLE OWN THIS ROAD THAT COMES OFF SR 97. (COUNTRY PRIVATE)
THE 1ST PERSON OWNES FROM THE HWY 97 TO ABOUT 100FT OF THE ROAD THE SECOND PERSON A STREACH OF 400 FT THEN 1ST OWNS ANOTHER 180 FT. THEN 2ND OWNS ANOTHER 30 FT FINALLY 3RD OWNER OWNES 25 FT WHICH ICLUDES A BRIDGE GOING TO A 4TH PERSONS ROAD TO HER HOUSE. THEN 2ND. GAVE AN EASMENT FROM 97 TO 300 FEET. WHICH 100 FT WAS ON 1ST
PERSONS ROAD. AND DOESNT COVER ALL THE***** THE 1ST AND 3RD HAVENT GAVE EASEMENTS TO ANYONE. THE 4TH IS BRINGING ALOT OF PUBLIC STANGERS TO 1-3 PERSONS PRIVATE
PROPERTY ROADS. SAYING SHE HAS AN EASEMENT AND PEOPLE SPEEDING THROUGH OUR PRIVATE ROADS DANGEROUSLY WE HAVE HER SHUT DOWN TRYING TO RUN A RESCUE OF 75 DOGS WITHOUT
ANY PERMITS.THE TOTAL STREACH OF ROAD IS APPROX 735 FT.
THERE HAVE BEEN WREAKS AND PEOPLE ALMOST HIT ON MANY OCASSIONS. IM THE 3RD PERSON AM I LIABLE FOR MY ROAD? COUNTY SHERIFFS WONT DO ANYTHING CAUSE SHE SAIS SHE HAS AN EASMENT BUT DOESNT FROM PERSON 1 OR PERSON 3 AND PERSON 2 HAS A 100 FEET OF PERSON 1 ON THE EASMENT FROM SR 97 . SO I THINK ITS AN ILLEGAL EASMENT?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  AttyHeather replied 5 months ago.

Hi, I'm Heather, an attorney for 15 years, and I'll be happy to assist you for informational purposes.

In law, there are many types of easements that a person can have. Some are express easements, which are usually in writing. Other easements are implied, in which case they are not necessarily in writing.

It sounds like she could possibly, depending on the situation, have an easement. This is not to say that you could not fight the existence of an easement. For example, you may have heard of a prescriptive easement. A prescriptive easement is acquired in a similar way as adverse possession. The use must be open, notorious, hostile, and continuous for a specified number of years as required by law in each state.

She could also potentially have an easement by necessity, depending on if this road is the only access to her land, and if without the road, she'd be landlocked.

There are defenses to these easements, and whether or not the easement is there depends on the facts of each case, and usually, to determine if the easement is there, there has to be a lawsuit instigated, by either the person asserting the easement, or the person refusing the easement.

Expert:  AttyHeather replied 5 months ago.

Please let me know if this has answered your question. Thank you!

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