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MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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3 property owners share access to private driveway. The road

Customer Question

3 property owners share access to private driveway. The road connects from a haul road. The lane is not paved. Snow is not removed by the state. Can one of the property owners lease access to a construction company without permission from the other two property owners? If they signed a contract with a company can one of the owners shoot the construction company trespassers?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. My name is***** and I am going to assist you with you question.

Expert:  MIAMILAW1127 replied 1 year ago.

First of all, no owner can shoot someone for simply trespassing. So, if the construction company is using the private driveway (even if they are not permitted to do so), no owner can use deadly force against them.

I need to say this part right off the bat prior to discussing the real property issues.

Customer: replied 1 year ago.
Is that the answer? Please refund my money.
Expert:  MIAMILAW1127 replied 1 year ago.

No. I am typing the answer. Plus you haven't paid yet.

Customer: replied 1 year ago.
Oh yes I have paid $36.00 and I was supposed to only pay $5.00
Expert:  MIAMILAW1127 replied 1 year ago.

From you example it is not clear who owns the road. It seems like the road may be a common area between the 3 properties that is not owned by the state. If that is the case, then ownership of the road is shared between all 3 property owners.

If that road is the only access to the properties and one of the property owners needs work done on his home, that owner may grant access to the construction company so that the work can be completed.

However, one owner cannot, without the approval of the other two owners, lease the driveway out to a construction company to simply profit it off of. This is something that all 3 owners would need to decide on and agree to.

Expert:  MIAMILAW1127 replied 1 year ago.

Your offer to pay for this answer is $18. That $18 is currently still in your account.

Expert:  MIAMILAW1127 replied 1 year ago.

The only way that 1 owner would be able to lease the property out to the construction company would be if they were the sole owner of the road and the other two owners only had easements to access and use the road because it was the only way in and out of the property.

Customer: replied 1 year ago.
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Expert:  MIAMILAW1127 replied 1 year ago.

I understand that you paid $36. However, your account has an $18 credit (which is what you are offering to pay for this question). You technically don't pay for the answers here until you accept them. If you don't accept them, then you don't pay and the money stays in your account.

Customer: replied 1 year ago.
The other property owner is selling access to Windmill company which I oppose. I offered to quit claim and sell for fair market value. I would like to sue the other owner. from 2,000,000 the loss of that sale, the loss of my property value and the money he received for entering into a fraudulent contract. Would a law firm do that on contingency and do I need a real estate lawyer or contract lawyer
Expert:  MIAMILAW1127 replied 1 year ago.

Whether a law firm takes a case like that on contingency is a decision that is entirely up to them. Typically, if you stand to recover a large sum of money, law firms would be willing to take the case on a contingency. Even if one law firm is not willing to do it, if you keep searching, you will find a law firm that would be.

Also, what you should be looking for is a real estate litigation attorney.

Expert:  MIAMILAW1127 replied 1 year ago.

If I have answered all your questions, please feel free to rate my responses. Thank you.