Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My daughter and her husband purchased a small farm and the…

My daughter and her...

My daughter and her husband purchased a small farm and the night before closing found out that there was an easement on a portion of it. The realtor talked to the other property owner and he had no idea that he had access to an easement and had already put in a new driveway and said it wouldn't be a problem. Now he is threatening them to remove a fence that is on their land so he can drive through their field (hay field that they have hay on for their cattle) with building materials (cement trucks, etc) to build a house on his back 40 and then this easement will always be there for him to drive on. What are their rights at this time. A surveyor has been out and his map does not show the easement going where the person says it does. The original land owner did not have the easement surveyed and had not told this person about the easement when he sold him the land next to my daughter.

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

The landowner who is pushing this has had an attorney send them a letter. He even sent a copy of a survey done in 2014 and the easement does not show going through the field. No paperwork has been filed with the courts. The landowner just sends threatening messages via text or Facebook messenger.

Lawyer's Assistant: Where is the farm located?

Wisconsin

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

Dunn County I believe or else it's St Croix County. My daughter and her husband have no extra money and they are feeling scared. If this neighbor had approached them and talked about this they would have worked with him. He started it off by threatening them. They even offered to bulldoze next to the field so that he could get there that way. He has a path through his land to get back there already and he drives his pickup through there.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
3/28/2018
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,135
Experience: Attorney. Well versed, understanding, friendly
Verified

Hello: My name is ***** ***** I am an attorney.

DId your daughter and her husband get title insurance?

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
I do not know. I will ask her

Yes. Because the title insurance company should have found the easement. Was the easement recorded with the county?

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
I can not talk on the phone as I am at work. The easement is recorded with the county; but no one is really sure where that line is. A 2014 survey shows it going just to his cabin (and he has a driveway to that now). A survey that was done by my daughter (and by the same person that did the 2014 survey) shows the line going a little further just to be nice. The original land owner was told to have this done but he elected not to as he did not want to pay for it. The land owner that is there now knew nothing about the easement when he purchased the land. When my daughter and her husband looked at the land there was a planted corn field there with no path what so ever going through it. The man had a path through his woods (driveable with his pickup) to get to his back 40.
Customer reply replied 3 months ago
She does not know if they have title insurance.

She would have paid the title insurer at the closing. Title insurance documents would be with closing documents if there was a title insurance company involved.

This sounds like there has to be a quiet title action as well as a possible adverse possession claim. Quiet Title is to have a court decide whose land is it. An Adverse Possession action is to claim a hostile takeover of the land or of the easement because if exclusive use of it over a long period of time.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
if this person has threatened to cut the fence down (even though it's not on the easement) should they get a restraining order or what is their best course of action seeing they do not have money to pay a lawyer. They talked to one 1 1/2 years ago when he first threatened them and then drove through their field but it was $1000 for less than an hour of time.

Yes. When filing a complaint, there can be a request for a restraining order. Also, notifying the Police could be a good idea.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,135
Experience: Attorney. Well versed, understanding, friendly
Verified
DamienJD and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
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 DamienJD Your Own Question
DamienJD
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,135
5,135 Satisfied Customers
Experience: Attorney. Well versed, understanding, friendly

DamienJD 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

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 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
When a property owner submitted plans to city agency stating
When a property owner submitted plans to city agency stating that the height of building was from recent survey but refused to provide the name of the surveyor and time survey was done. Any section of… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,265 satisfied customers
Looking to fence in a piece of land we have and the neighbor
Looking to fence in a piece of land we have and the neighbor who has an 15' easement has been mowing it and maybe even 10 extra feet in some spots but the problem is, is that is our hay field and by h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We closed on a property (-RH3) on Dec 12, 2013. Our neighbor
We closed on a property (Triplex-RH3) on Dec 12, 2013. Our neighbor has an ingress/egress easement leading to his driveway with our property being the subservient tenement. However, this neighbor, sta… read more
KLAW
KLAW
Juris Doctorate
2,273 satisfied customers
I'm a land owner with water right to a canal in Uinta County
I'm a land owner with water right to a canal in Uinta County Wyoming. There has been a fence along the canal for 60 years on the neighboring landowners side who had no water rights. Someone just bough… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
My neighbor challenged me borderline that he red a land
My neighbor challenged me for the borderline that he hired a land surveyor did the measurement of his lot and he claims that I have used his land within his boundary. I purchased the home in 2004 and … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I live on a private dead end road with 4 other owners on the
I live on a private dead end road with 4 other owners on the road. We have a maintenance agreement that is legal and long standing. It's a dead end road. The guy on the end of the road decided to cut … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,423 satisfied customers
I live in South Carolina and own 9 acres of land in Bamberg
I live in South Carolina and own 9 acres of land in Bamberg County. I am surrounded on all sides by landowners. I have been denied access to the road that leads to my property by the landowners next t… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I own 1 1/2 acres of land in Brazoria county, TX (not in any
I own 1 1/2 acres of land in Brazoria county, TX (not in any city limits) a road that was once private but has been brought into county maintainence dead ends at the back of this property. I have a su… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
I have 7 plus ac. in the country that have a deeded road on
I have 7 plus ac. in the country that have a deeded road on two sides. Twenty feet I pay taxes on and the owner of the undeveloped property across from my house pays on another 20 feet. One side is de… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
Well, its not family law, but, in Texas, it has always appeared
Well, its not family law, but, in Texas, it has always appeared to me that the COUNTY Roads, are owned by the Landowners that own the land to the CENTER of the road. In other words Mr. Jones owns the … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Can a judge require a plaintiff to produce an expert surveyor
Can a judge require a plaintiff to produce an expert surveyor to testify regarding the existence or non-existence of an easement? The case is this: plaintiff previously brought a case to stop unlaw bu… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
if you have a surveyed land easement that was verbally agreed
if you have a surveyed land easement that was verbally agreed to for landlocked land. Is this legal or do you have to have it filed to make it valid?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I have a question about ingress/egress in Texas. We have a 150 acre tract of land th
I have a question about ingress/egress in Texas. We have a 150 acre tract of land that has an easement along one border of a family members farm/ranch. The road used to be county maintained but he put… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
We have a piece of property that is in the citys boundries
We have a piece of property that is in the city's boundries on which we wish to build. The road to the property is a dirt alley way. It has small trees and brush on the sides that are over taking the … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,540 satisfied customers
we are having a problem with a neighbor . we own 3 lots the
we are having a problem with a neighbor . we own 3 lots the first one being lake side the county plat map and our surveyor shows us to own to the water . how do we find out if there is a 10ft easement… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
The adjacent land owner built his well on my property I own
The adjacent land owner built his well on my property I own in the country. This is vacant land. I learned of this approx 4 months ago when I was given a survey this land owner had made back in 2004 a… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
The property behind mine has an easement through my property
The property behind mine has an easement through my property on the records. There is no apparent use of the easement and there is no longer a bridge over the creek on my property due to flooding year… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
We purchased the NE corner of Section 23 in the township of ...
We purchased the NE corner of Section 23 in the township ofCustomer NM in September of 2002 and obtained a warranty deed stating such. A neighbor to our north purchased that property less than a year … 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