Who has the right to ban someone from a easement to a land locked property? ?

Question

Landlocked agricultural property has deeded rights to an easement on a neighborhood property. New property owner has posted no trespassing sign and says he has the right to stop people from traveling on that road that has been used for over 25 years.

Answer 1

If the easement is in the deed, the property owner trying to ban access is wrong.   Who has access and when is something the deed should spell out.  If there are any gray areas, check with a lawyer who specializes in property issues.  

Answer 2

What he is doing is NOT illegal.

His land.  His rules.  No RECORDED easement is your problem. Nothing in the law is going to force him to allow you onto his land.

He does...b/c once it CHANGED OWNERSHIP any "assumed" easement that was used and never recorded, ended upon the transfer of the property.

You can't claim an easement by adverse posession b/c if I am correct, you JUST BOUGHT the property, didn't you?

Just b/c they gave an easement to someone else, if the other owner didn't have it recorded, they DO NOT have to grant the same easement to you.

Therefore, the "no trespassing" signs are him giving you notice that you are not to cross.

No offense, but you are posting A LOT of questions regarding this land-locked property.....no one minds answering your questions, however, I hope you understand that you cannot do a single thing about it without a real estate attorney.

IF your property is truly landlocked, you can get an easement by necessity, but you'll have to go through the proper local channels.

It is against the law for any property to be landlocked, and a judge will force an easement on someone, but it will NOT be free to you and you can't do it without an attorney.

PS:  Did you purchase title insurance with this property or did you just pay cash and didn't research it at all?

If you had purchased title insurance, guess what?  They would have paid every single dime of legal expense to fix it up to and including BUYING IT BACK from you.

If you had done a title search to start with, it would have uncovered the fact the property was landlocked....but again, that is absence of an easement or right-of-way....no one has to give you a road.

Answer 3

.    He has the right to put up a fence.  You have the right to cut a link out of his chain and replace it with a lock of your own.  Now the chain is unbroken but you can get in.  That is what the utility companies do to protect someone's private property over which they have an easement.

Answer 4

Ask the local police.

Answer 5

Call the police or seek a court petition to stop the person, but if you are stating the subservient land owner has a new owner and is trying to stop the dominant land owners from using the easement recorded on the subservient land to access the property, if so illegal  

Answer 6

Go to court. 25 years open and hostile? (without permission)

you would win.

You have to go to court though.

Answer 7

Call the county code enforcement.   They will be there within a couple of hours and set this Bozo straight.