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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54022
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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We have a road that was used as an easement to landlocked

Customer Question

We have a road that was used as an easement to landlocked properties in a developed HOA the fist part of the road runs thru an non HOA property owner. It has been there 13 years. Now the HOA is dissolving can we claim the easement by preexisting use or way of necessity?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Has anything been filed or reported?
Customer: there was a contract for use between the land owner and the HOA at the time of developement
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Richard replied 1 month ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 1 month ago.

You do have recourse here. If the property owner won't voluntarily give you the easement, you can file a suit to quiet title with the court to ask the court to grant you an easement based on of the following: i) an easement by necessity because you would otherwise be landlocked; and/or ii) a prescriptive easement based on your long-time usage...which is similar to adverse possession except it's based on usage rather than ownership so the result is you get an access easement rather than an ownership of the property. Once the court grants this easement, you can record this court order in the real property records of the city/county in which the property is located, and it will have the same legal effect as if the neighbor had granted the easement.

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