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: 1 year 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 1 year ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 14,614
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 1 year ago

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

Ask Your Own Real Estate Law Question
Customer reply replied 1 year 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 1 year ago

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

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
no worries. I am trying to understand the process to obtain the easement by necessity.
Real Estate Lawyer: legalgems, Arbitrator replied 1 year 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 1 year 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 1 year ago
I added a picture document
Customer reply replied 1 year 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 1 year 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 1 year ago
Are you still researching?
Real Estate Lawyer: legalgems, Arbitrator replied 1 year 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 1 year 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: 14,614
14,614 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

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 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

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I live in Prince Georges, MD and have live here for 27
I live in Prince Georges, MD and have live here for 27 years. My neighbors when I move here have live in their over 30 years. When I brought this house in 1988 I was told that the driveway was a share… read more
Law Educator, Esq.
Law Educator, Esq.
244 satisfied customers
I have a summer home in Wisconsin. It has a shared driveway
I have a summer home in Wisconsin. It has a shared driveway with the neighbor. The driveway goes up to the homes. The driveway is wide enough for two cars from the entry to the end by the home. At the… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,544 satisfied customers
My neighbor in Albany California has installed a locked gate
My neighbor in Albany California has installed a locked gate across their driveway denying me access to my property. I have asked the City Planner to comment and received no answer. What are my rights… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
I own two parcels of land (one with my house, the other vacant)
I own two parcels of land (one with my house, the other vacant) that borders a small lake. The access to the vacant land would depend on the construction of a road between my house's backyard and the … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
A city street ends on the Northern edge of my backyard and
A city street ends on the Northern edge of my backyard and my neighbor to the back's front yard, after which there is a thin paved strip deadending in the woods at the edge of a golf course. The first… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Driveway disputes with new, next door neighbor. Need NYC guidance
Driveway disputes with new, next door neighbor. Need NYC guidance to send him. One driveway, 3 feet 9 inches wide; neighbor has narrow property, 23 feet, with house built within about 4 feet of their … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have a deeded right of way which provides driveway access
I have a deeded right of way which provides driveway access from my residential property to the street. The owner of the property across which my driveway goes has not maintained it. It is not paved, … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I would like to now put up a gate that can be locked as there
I would like to now put up a gate that can be locked as there has been a big problem in this area of people steeling copper or what ever out of buildings break in and rip out when no one at home as yo… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am moving onto a new home ( Rental) I have already signed
I am moving onto a new home ( Rental) I have already signed a lease but not given my deposit. The actual owner called me a few days ago telling me that the neighbor behind me had there lawyer send a l… read more
max713
max713
Lawyer, Mediator, Partner, and COO
Doctoral Degree
1,179 satisfied customers
Because of a ramp installed to accommodate wheelchair access
Because of a ramp installed to accommodate wheelchair access to our mobilehome, we can access the side of our home only by walking across the neighbor's adjacent walkway. She has rented to tenants who… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
I hate having to retype this, but here goes. I have done an
I hate having to retype this, but here goes. I have done an internet search on Landlords Rights and Responsibilities, found plenty of and very helpful information about the dwelling where the tenants … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,865 satisfied customers
I have 100 acres on red river in okahoma. you used to be able
I have 100 acres on red river in okahoma. you used to be able to get to it on a closed section line but know have to cross river. First question is can land owner keep me from gettin to my land going … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My question Our neighbors want to prevent us from using their
My question: Our neighbors want to prevent us from using their land to travel by foot from our backyard to the street. However, their land (open garden and parking lot) is the only way we are able to … read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
Can a prescriptive easement be established over city property
Can a prescriptive easement be established over city property (marin county, city of fairfax, ca) assuming all easement requirements are met… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I have a home in MA and have access to a shared driveway (neither
I have a home in MA and have access to a shared driveway (neither of the homes own the land that makes up the shared driveway - the town owns the land. The neighbors continue to use the driveway as th… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
An easement that runs right through the middle of our property,gives
An easement that runs right through the middle of our property,gives neighbors access to their property. Within the last ten years they now have 5 cars making our backyard a highway. They are now sell… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
I have a 5 acre parcel that I want to build on. The parcel
I have a 5 acre parcel that I want to build on. The parcel is in the middle of a slew and surrounded by preserve on three sides. On the north side is a gated community with private roads and county ut… read more
VF LAW
VF LAW
J.D.
112 satisfied customers
I live on a small 2600 sq ft lot.I bought the house
I live on a small 2600 sq ft lot.I bought the house from a man in his 70's, I was a single female looking for little to maintain. Now the house is for 3 including a 2 year old. The problem is through … read more
Kara K.
Kara K.
Real Estate Attorney
J.D.
184 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