Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have a land-locked home/property in New Hampshire. There…

Customer Question
I have a land-locked...

I have a land-locked home/property in New Hampshire. There is no driveway, no way for a car to access parking ON the property (the backyard is large, and could accommodate parking). When winter comes, cars are not allowed to be parked on the street. The City parking lot across the street used in previous winters for parking is now under sinstruction and as of now, is no longer available nor will it be in the future. I need to have an easement by necessity to access my property from the back side to allow parking for myself and my one tenant. HOW does this process work? What are the steps for the process to establish permanent access?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

I already did

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 9 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
9/18/2017
Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,371
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Real Estate Law Question
Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago

So to be clear, there are no other viable alternatives for parking?

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
Correct. Now that the city parking lot is being turned into a building, there will be no where to park when it snows, as no cars are allowed to park on the street with snow.
Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago

Just a few more minutes; I'm preparing a response- thank you!

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
no worries. I am trying to understand the process to obtain the easement by necessity.
Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago

Easement by necessity are not as cut and dry as most easements. For example, in the NH case Bradley v. Patterson, the court further stated that "necessity alone is insufficient to create an easement.” and that “the surrounding circumstances must be examined to determine whether they will support the conclusion that the parties intended to create an easement.”

Most courts will require the following elements:

1. initial unity of title

2. division of the tract

3. creating the necessity of an easement.

The court may also consider public interest in avoiding landlocked and thus useless property, but this needs to be weighed against the neighboring property's private interests.

The proper way to obtain an easement is to either negotiate directly with the neighbor, or to petition the court by filing a motion. This is a custom drafted document (no pro forma templates available). If successful, the court typically does require the petitioning party to pay fair market value for the easement, even if by necessity.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
Might you google***** concord NH? I cannot past the map here. There is a 'no named street' (L shaped) which touches the back of the property. How do I know if this street is city or private? I think that may be the crux of the issue?
Customer reply replied 9 months ago
I added a picture document
Customer reply replied 9 months ago
This property is downtown, the homes are 100+ years old, streets are tight, setback rules were never in place, etc.
Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago

There should be a plot map at the recorder's office and it will indicate the street name or plot number. Then that information can be used to determine who the owner is (it is searchable by plot #).

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
Are you still researching?
Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago

Researching the law? That information including case law is included above. Were you able to view it?

Ask Your Own Real Estate Law Question
Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,371
13,371 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,960 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,254 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,098 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I have a neighbor who keeps using my easement, claiming he
I have a neighbor who keeps using my easement, claiming he has the right to use my easement and his utility easement any time he pleases for construction projects. I've checked and found he does not h… read more
Ray
Ray
Lawyer
Doctoral Degree
8,098 satisfied customers
I have a question regarding real estate and property rights
Hello, I have a question regarding real estate and property rights law … read more
Lori
Lori
Juris Doctor
1,574 satisfied customers
My question deals with real estate law. I am a real estate
I am a real estate broker with a client who also has an attorney advising her. … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Real Estate question: My landlady is 85 years old and wants
Real Estate question: My landlady is 85 years old and wants me to look into this for her: She has a property nestled into a hillside with a driveway to a street below. The 10ft driveway was formerly o… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Have a small real estate transaction for a small commercial
Have a small real estate transaction for a small commercial property in Lorain, Ohio. Presently renting this facility to tenant that now wishes to purchase. It is on its own parcel and is adjoining a … read more
Michael Gonzalez
Michael Gonzalez
JD
584 satisfied customers
My neighbor has a easement along a state hwy to my enterance
my neighbor has a easement along a state hwy to my enterance from state hyw and for 16 years, between state hwy and easement has a fence that narrows easement by 1/2 foot. They are saying that fence c… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,171 satisfied customers
Can an attorney in local govenemnt sponsor real estate
Can an attorney in local govenemnt sponsor real estate agents as if he was a real estate broker? … read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
818 satisfied customers
I own real estate in Seattle. Years ago, the neighboring
I own real estate in Seattle. Years ago, the neighboring single family home owner planted a line of evergreen trees just inside of their property, bordering a rental triplex I own, as a visual buffer … read more
Lori
Lori
Juris Doctor
1,574 satisfied customers
Do i have to give my neighbor an easement to cross my
do i have to give my neighbor an easement to cross my property … read more
Lori
Lori
Juris Doctor
1,574 satisfied customers
I am in Fresno County CA. My neighbor has an easement
I am in Fresno County CA. My neighbor has an easement through my property including a bridge over a creek to get to his property. He and his family exclusively use the bridge as it is past my house. D… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,960 satisfied customers
Real estate Question Can you define “wholesale real estate”
Real estate Question Can you define “wholesale real estate” & “Bandit”sign? Also, are bandit signs legal in Michigan?… read more
legalgems
legalgems
Arbitrator
13,371 satisfied customers
Need a real estate lawyer in city. I signed a real estate
I signed a real estate contract without my thinking through but would like to cancel the contract. what can I do without getting sued? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Is an Agreement for the Sale of Commercial Real Estate
Is an Agreement for the Sale of Commercial Real Estate binding if only the Husband signs the Agreement although both the husband and wife are on the deed for the property … read more
Ray
Ray
Lawyer
Doctoral Degree
8,098 satisfied customers
Just looking at a potential easement by necessity. Illinois
Just looking at a potential easement by necessity JA: Because real estate law varies from place to place, can you tell me what state this is in? Customer: illinois JA: Has any paperwork been filed? Cu… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
127 satisfied customers
Real estate or propertyquestion. Az. My neighbor. Built a
My neighbor. Built a wall and car Ramada , partly on his neighbors property. The wall benefits both and he said neighbor said ok… read more
legalgems
legalgems
Arbitrator
13,371 satisfied customers
Easement by necessity- judge awards 300 ft. 40 ft. wide
easement by necessity- judge awards 300 ft. 40 ft. wide takes in my pond & does not give plaintiff access to their property. The Plaintiff gets an easement through property next to mine. How can I get… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
My neighbor has a 14 inch easement along the my east
My neighbor has a 14 inch easement along the my east property line.His driveway was mistakenly poured over the property line during construction so the developer solved the problem by granting this ea… read more
legalgems
legalgems
Arbitrator
13,371 satisfied customers
Mine is a prescriptive easement question. My neighbors are
Mine is a prescriptive easement question. My neighbors are trying to pull this on me. I read that to get a prescriptive easement a claim must be made. Does the claim have to be verbal or in writing an… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,960 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x