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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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I have a peace of property s330 of n 990 ft. of w2905 ft.

Customer Question

i have a peace of property s330 of n 990 ft. of w2905 ft . the next lot south of mine is s330 ft. of n 1320 ft.of e165 ft. of w 2905 ft. the question is is there a right of way between them or rd. footage. one county plot says theres access. one says theres a rd. maybe these #s can tell. ANY HELP ????????????????????????
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 11 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your dilemma.

The county property records control. When the records for one plot of land say there's a road, then that road exists unless or until the property owner buys it back. The same is true if the records say there's access. No one else can come in and say "You don't have access," if the property records say there's a right of way. There's also a concept in the law called "easement by necessity." What that says is, if a person's property is landlocked and they have no ability to access a public road without crossing someone else's land, they get a right to cross that land. So it would also be possible to go to court to get the right of way. But that shouldn't even be necessary since the plots both make reference to it.

It is possible for a right of way to be abandoned through non-use, but that tends to require that the person who has it allows it to become overgrown, and there would have to be alternate access to a road to make that argument.

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Expert:  Lucy, Esq. replied 11 months ago.

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