Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Being sued by new owners of adjoining property to close

Being sued by new...

Being sued by new owners of adjoining property to close existing driveway easement that is the only access to my property from the sole public roadway. My property is surrounded on 4 sides by other owners and the easement is the only access to my home.

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

None so far. Have 20 days to respond. Just received summons 2 days ago.

Lawyer's Assistant: Where is the home located?

Sequoyah County in Oklahoma

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

Easement was granted by original owner

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 21 minutes by:
3/19/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,302
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you.

Ask Your Own Real Estate Law Question

You cannot be landlocked. How long have you been living in your property and using the drive way easement?

Is the easement that was granted by the original owner in writing and recorded?

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
Easement was written into property description when we bought property 12 years ago (2006). Easement was granted by original neighboring property more than 20 years ago when our property was subdivided from (original) neighboring property.
Further, topography and drainage prevents alternative routes for driveway from any other direction. Our property sits atop a hill in the eastern Ozark plateau in east-central Oklahoma.

Do you have title insurance for your real property showing the easement? This may be a matter the title insurance is required to handle for you.

Either way based on what you are telling me you have an easement and the neighbor cannot deny you access. You would file a answer and a motion to dismiss the case and file an injunction against the new neighbor immediately. There are 2 different arguments that you have aside from the actual easement,

You have prescriptive easement as well as an easement by necessity, I can provide a link for local Attorneys in that area that provide FREE legal consultations as well as an overview of the law on easements. Please give me a few minutes to put information together for you.

Ask Your Own Real Estate Law Question

One moment please.

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,302
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
I see rating scale.

My apologies, you do not need to rate until we have concluded.

Ask Your Own Real Estate Law Question

Overview of an easement by necessity and a prescriptive easement. I will also provide the specific law for Oklahoma.

“An easement is a legal right to use someone else’s land for a particular purpose. For example, the municipal water company may have an easement to run water pipes under your property. Your name is ***** ***** deed (you’re the title holder and the property owner), but the water company has the right to use a part of your property for its pipes. Easements are sometimes in writing and referred to in property deeds or title papers prepared by a title insurance company or attorney.

Easements are part and parcel of the land they affect. They don’t change when the property changes hands. Subsequent owners are obliged to let whoever owns the easement use the property, so anyone buying a house should be sure to find out exactly what easements a property is subject to before finalizing the purchase.

There are several types of easements, including utility easements, private easements, easements by necessity, and prescriptive easements (acquired by use of property)…

Easements by Necessity

Even if it isn’t written down, a legal easement can exist if it’s absolutely necessary to cross someone’s land for a legitimate purpose. The law grants people a right of access to their homes, for example. So if the only access to a piece of land is by crossing through your property, the law recognizes an easement allowing access over your land. This is called an “easement by necessity.” When land is subject to such an easement, the landowner may not interfere with the neighbor’s legal right.

Prescriptive Easements

Someone can acquire an easement over another’s land for a particular purpose (such as accessing their own home) by using someone else’s property openly and continuously for a set period of time. This is called a prescriptive easement, and typically one is created when someone uses land for access, such as a driveway or beach path or shortcut. The length of use required for a prescriptive easement varies from state to state and is often the same (10 or 20 years) as for adverse possession (which is when someone acquires legal ownership of land by occupying it).

While prescriptive easements and adverse possession may be the same (in terms of length of use required), there are important differences. For example, payment of property taxes is not necessary for a successful prescriptive easement claim, while some states require a trespasser to pay property taxes to obtain legal ownership. Also, to acquire a prescriptive easement, a trespasser does not need to be the only one using the land. More than one person can acquire a prescriptive easement in the same portion of land—an example would be a driveway on another’s land or a path people use as a shortcut…” https://www.nolo.com/legal-encyclopedia/easements-overview.html

.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
Any recommended real estate attorneys in my neck of the woods?

"In the state of Oklahoma there are several scenarios for easements to a landlocked parcel of property. According to Oklahoma law if person has used a certain road, path, or access for a period of 15 years or more than that person has an easement by prescription which allows that person to continue to use that route to reach their property over the servant parcel. A person may also obtain an easement by necessity, which means that the easement is necessary to prevent the property from being landlocked. For this to happen, a person must prove that at some point in time that property was all owned by the same person and that during a sale part of the land was cut off from the public access roadway." https://www.justanswer.com/topics-easement-by-necessity/

Prescriptive Easement Adverse Possession:

What is Oklahoma's Adverse Possession Law?

In order to claim legal title under Oklahoma adverse possession law, an individual must occupy the property for at least 15 years, while the rightful landowner has two years to challenge the adverse occupation. Additional provisions of the law are listed in the following table. See FindLaw's Land Use Laws section for more related articles and resources.

Code Section 12 §93, 94

Time Period Required for Occupation 15 yrs.- http://statelaws.findlaw.com/oklahoma-law/oklahoma-adverse-possession-laws.html

Attorneys in your area that provide FREE consultations http://lawyers.findlaw.com/lawyer/firm/land-use-zoning/sequoyah-county/oklahoma

I have more Attorneys for you.

Ask Your Own Real Estate Law Question
Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
Thank you very much.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter it would be my pleasure to continue to assist you. Now would the time to rate 5 stars if you were happy with my service.

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,302
8,302 Satisfied Customers
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.

Attyadvisor 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

11,126 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
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
11,126 satisfied customers
In a transaction involving a "gift of real estate" there is
In a transaction involving a "gift of real estate" there is no consideration (it's a gift). If the gift deed is recorded is it protected from third party claims or can it be challenged because there w… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Tina, I want to know if a utility easement is able to
Hello Tim Hello Tina, I want to know if a utility easement is able to removed … read more
Attyadvisor
Attyadvisor
Attorney
8,302 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
Juris Doctorate
11,586 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
What is the statute of limitations on a real estate
What is the statute of limitations on a real estate transaction that is based on an earlier created FORGED Deed. … read more
Attyadvisor
Attyadvisor
Attorney
8,302 satisfied customers
This is a real estate issue. We are the sellers of a home.
This is a real estate issue. We are the sellers of a home. Our next door neighbor's propane tank is encroaching on our property by two ft. The neighbor has verbally agreed to have it relocated but it … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,028 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
7,559 satisfied customers
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
Doctoral Degree
11,126 satisfied customers
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… 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
111 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
Juris Doctorate
11,586 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
4,925 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
Juris Doctorate
11,586 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
Attorney
8,302 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
11,126 satisfied customers
I have a real estate question. NC. About an easement
I have a real estate question JA: Because real estate law varies from place to place, can you tell me what state this is in? Customer: NC JA: Has any paperwork been filed? Customer: No JA: Anything el… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
There is a 20 ft. drainage easement between my property and
Good evening. There is a 20 ft. drainage easement between my property and the neighbor behind me. He has built a wire fence on the easement denying me access to my main water valve. Is this legal? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 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