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I own 160 acres of land in mobile county Alabama.I bought it…

Customer Question
I own 160 acres...

I own 160 acres of land in mobile county Alabama.I bought it in 2001. It is landlocked but I obtained a document from the neighboring land owner which has allowed me to cross his property. I recorded this document in Mobile County Alabama and have been crossing his land for 16 years. Now I want to sell my property and my neighbor says he will not allow a new owner to cross. D0 have a grandfathered right to cross and can I legally force him to allow access to a new owner?

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

Mobile County, Alabama

Lawyer's Assistant: Has any paperwork been filed?

Yes, a document was recorded allowing myself and a land owner on my east side to cross.

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

What is his fee for rendering an opinion?

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
10/3/2017
Real Estate Lawyer: Gerald-Esquire, Lawyer replied 7 months ago
Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,172
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Real Estate Lawyer: Gerald-Esquire, Lawyer replied 7 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If the property is landlocked then the neighbor really does not have a choice. The law allows for a person to cross his neighbor's land in order to access their own landlocked property. This is called an "Easement by Necessity."

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Real Estate Lawyer: Gerald-Esquire, Lawyer replied 7 months ago

Here is an article that discusses the types of Easements that can be applied:

http://realestate.findlaw.com/land-use-laws/necessity-and-permissive-easements.html

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Real Estate Lawyer: Gerald-Esquire, Lawyer replied 7 months ago

I see that you requested a call. For some reason payment did not go through for the call. That happens sometimes. Please call customer service at 1(###) ###-####.

OR We can continue to post at no additional charge.

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Real Estate Lawyer: Gerald-Esquire, Lawyer replied 7 months ago

Also here is an Alabama case that discusses these types of easements.

http://caselaw.findlaw.com/al-court-of-civil-appeals/1578676.html

There is likely no reason to sue over this. It would be up to your neighbor to try to sue to prevent the use of the easement. Since the property is landlocked he would not have a case.

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Customer reply replied 7 months ago
Two payments DID go through, one for $5.00 and one for $31.00. Forget the phone call. I found a local real estate attorney to help me.
Real Estate Lawyer: Gerald-Esquire, Lawyer replied 7 months ago

EXCELLENT! I am glad to hear that.

I apologize for the phone call issues. That is operated by the service NOT by me.

Please do not forget to click the five stars so that I can get credit for helping you.

Kind regards,

Gerald

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