How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34795
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

Party A buys 10 acres of land, divides it into two 5 acre

Customer Question

party A buys 10 acres of land , divides it into two 5 acre lots. party A keeps 5 acres and party B keeps 5 acres. party A sells property to C and C sells to D. C is aware that the road that B uses is going to close down by the state, thereby land locking B. Does party B have a claim against party D to grant an easement by necessity this prperty is in North Dakota
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: NORTH DAKOTA
JA: Has anything been filed or reported?
Customer: no,
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill 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.

Expert:  Barrister replied 4 months ago.

Does party B have a claim against party D to grant an easement by necessity this prperty is in North Dakota

.

Yes, the law disfavors landlocked parcels as they are essentially valueless. So the law seeks the highest and best use of land and will therefore grant an easement by necessity over a neighbors land the shortest distance to the nearest public road.

.

If D won't voluntarily grant an easement, B could file a "quiet title" lawsuit and a judge would award them an easement by necessity.

.

.

thanks

Barrister