I'm not sure how it works in your state, but in MS an easement can't be denied to a landowner needing access. I don't believe it even goes before a judge here, I believe a hearing before the board of supervisors is all it takes. Someone can't be kept from accessing their property. Most of them are settled as gentlemen's agreements, but a few have to go before the board who will record the easement.
Interesting.....I own 2 properties in northern Wisconsin.
1 property is a cabin onna lake, have egress/ ingress in the deed. Could be trouble with the other owners as they are heirs and can be a PIA. , without it.
The other property is Chippewa River Frontage . Put this road / trail in last summer.Have never had egress/ ingress and crossed the property of a lawyer / freind that we sold couple acres to years ago.
We had the lawyer write in egress/ ingress for the new road/ trail in the deed.
I had a neighbor out jockeying around with his 5th wheel in my fresh, soft, planted pasture. I ran out and ask exactly what the hell he was doing and he told me he had an easement.
This was odd since I just had my survey and deed showed no such thing. Neighbor had access to his place from 2 roads, but preferred to use my property because he had landscaping he had placed in the LEGAL access route.
I let him back in, then as soon as he was on his property I dumped 10 yards of rock in front of the gate he'd built. He was FURIOUS.
He messed up by telling me how he had rights on my ground. Had he asked, I would have told him I didn't mind as long as he asked first and it wasn't soft.....but he didn't.
He threatened adverse possession and prescriptive easement....but he was all hat and no cattle.
Originally Posted by BrentD
I would not buy something that runs on any kind of primer given the possibility of primer shortages and even regulations. In fact, why not buy a flintlock? Really. Rocks aren't going away anytime soon.
As others have mentioned here and I understand it could vary state to state but if a landowner has a piece that is landlocked and no road access to it he will get an easement one way or the other. It's just much easier to be able to pick your road and make a nice gentleman's agreement and roll on.
As others have mentioned here and I understand it could vary state to state but if a landowner has a piece that is landlocked and no road access to it he will get an easement one way or the other. It's just much easier to be able to pick your road and make a nice gentleman's agreement and roll on.
That may be the case if the the parcel was land-locked. The original easement was a matter of convenience to allow the neighbor to access a ridgetop to develop ag land. The neighbor could walk or ride a horse to the ridgetop within his property. The new owner of the farm had an option to access the ridgetop via motor vehicles by spending the money to put in a road. It would have been thru some rough terrain, but it was feasible.
I'm not sure how it works in your state, but in MS an easement can't be denied to a landowner needing access. I don't believe it even goes before a judge here, I believe a hearing before the board of supervisors is all it takes. Someone can't be kept from accessing their property. Most of them are settled as gentlemen's agreements, but a few have to go before the board who will record the easement.
KY is similar. I had a landlocked landowner to the south of me that claimed he had a gentleman's agreement with the previous owner and wanted to make it permanent with me. When I deferred, he claimed a right to it. I investigated and found his forebears had been given an easement on another property and allowed it to lapse because it involved driving over a ford in the nearby creek. I told him to take it up with that landowner.
The way it was finally resolved was that I heard some adjoining property was going to auction on the nearby ridge and put a bug in his ear. He ended up buying 5 acres and now has permanent access.
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