Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

We have purchased a house in the country and our driveway…

Customer Question
We have purchased a...

We have purchased a house in the country and our driveway gives access to the land behind us. there use to be a barn and now nothing is there, the person we bought it from says we cannot deny access to people who want to go thru our property. It causes a lot of damage to our grass and road. She has it for sale now and currently lets someone graze their cows so they are constantly going in and out. There is another access road to the property. If she sells the land behind us will the grandfather clause go away?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No just complained

Lawyer's Assistant: Where is the house located?

In TN

Submitted: 2 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 4 minutes by:
12/22/2017
Real Estate Lawyer: Barrister, Lawyer replied 2 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,114
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

. If she sells the land behind us will the grandfather clause go away?

.

Unfortunately, if there is a deeded easement, then it lasts indefinitely unless the owner of that easement were to transfer it to you as it would then extinguish.

.

An easement is a property right and it would transfer to any successive owner of that property whether they actually needed it for access or not..

.

So you might want to consider approaching any new buyer and seeing if they would sell you the easement to extinguish it if they don't need it for access.

.

However, an easement gives the easement holder the right to cross over your land, but it doesn't give them the right to damage it. If they are doing so, then you would have the right to sue them for the cost of any repairs/grading that needed to be done to the road..

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,114
40,114 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister 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:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

40,114 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 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

4,925 satisfied customers

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

< Previous | Next >

Related Real Estate Law Questions
Can a tenant claim an easement in real property? Or is an
can a tenant claim an easement in real property? Or is an easement claim limited to a fee title holder? … read more
Barrister
Barrister
Lawyer
40,114 satisfied customers
I own a property in NC with an deeded easement to the
Second opinion] I own a property in NC with an deeded easement to the landlocked property behind me. The easement has not been used to date. A house that I renovated is on the property. Now the easeme… read more
LegalGems
LegalGems
Juris Doctorate
11,042 satisfied customers
I am trying to prevent an easement from becoming a road. The
Second opinion] I am trying to prevent an easement from becoming a road. The former neighbors have divided acreage to have allow numerous people use my drive to get to the divided enough they construc… read more
LegalGems
LegalGems
Juris Doctorate
11,042 satisfied customers
I am trying to prevent an easement from becoming a road. The
I am trying to prevent an easement from becoming a road. The former neighbors have divided acreage to have allow numerous people use my drive to get to the divided enough they constructed a drive on t… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,120 satisfied customers
I own a property in NC with an deeded easement to the
I own a property in NC with an deeded easement to the landlocked property behind me. The easement has not been used to date. A house that I renovated is on the property. Now the easement holder wants … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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
3,691 satisfied customers
I have an exclusive 30' easement for ingress egress and
I have an exclusive 30' easement for ingress egress and regress. My questions are what right does the easement give me being that it's exclusive...can I prohibit the servient owner from using it? Do I… read more
Barrister
Barrister
Lawyer
40,114 satisfied customers
Non-exclusive easement for ingress and egress, roadways and
Non-exclusive easement for ingress and egress, roadways and utilities was recorded on our property in California in 1997 through "easement deed". Subsequently they found challenges in constructing roa… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
We have an ingress-egress easement on a portion of our
We have an ingress-egress easement on a portion of our property. Nine years ago we fenced the property and provided gates for access for the neighbor. A portion of the easement was fenced off and we h… read more
Barrister
Barrister
Lawyer
40,114 satisfied customers
I own business property with a sign in a easement. The sign
I own business property with a sign in a easement. The sign solely used for the business only has been in place for 30 years or so. Electric to the sign is supplied by business. There is a easement be… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have property with an easement for leach lines for
I have property with an easement for leach lines for neighbors. If roots from trees cause problems with those leach lines and I responsible? … read more
LegalGems
LegalGems
Juris Doctorate
11,042 satisfied customers
Can a walking easement of 20' that shows on a plat map with
Can a walking easement of 20' that shows on a plat map with definitive width, length and surveyor pins be considered a "floating" or "blanket" easement if it was not recorded as such initially? … read more
Barrister
Barrister
Lawyer
40,114 satisfied customers
My grandmother and grandfather died without a will. My
My grandmother and grandfather died without a will. My grandfather before dying asked my uncle to live in the home to take care of my grandmother. He has paid all of the home expenses with the excepti… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
The city is putting a drainage easement and coming into my
The city is putting a drainage easement and coming into my backyard 20 feet. In the process they are removing trees and a 2 story playhouse. There is also a shed and sprinkler system and river stone r… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,348 satisfied customers
MUST AN EASEMENT CONTAIN LANGUAGE THAT ALLOWS IT TO BE MOVED
MUST AN EASEMENT CONTAIN LANGUAGE THAT ALLOWS IT TO BE MOVED BY THE LAND OWNER WHOSE PROPERTY THE EASEMENT IS OVER, IN AN INGRESS AND EGRESS EASEMENT? IS IT USUAL FOR AN EASEMENT TO CONTAIN SUCH LANGU… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Is grandfathering of property you have been taking care of
Is grandfathering of property you have been taking care of for 45 years legal … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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
40,114 satisfied customers
Under the Grandfather clause, I have a mechanic shop that
Under the Grandfather clause, I have a mechanic shop that has operated since 1938, as time has gone forward, parts and equipment on the property has become an eyesore sort of to speak, however I have … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,835 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