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  #21  
Old 11/22/14, 12:01 PM
 
Join Date: Nov 2007
Location: western New York State
Posts: 2,863
He can try to make an argument that the easement wording was overlooked since the boundaries were understood to be different than the really are. 80 yards is substantial. (Mine may be off by 8 inches. The person who put up a wire fence some years ago did so by eye. He just sold the place. His surveyor told me Once my own survey is done, my lawyer will be sending the new neighbor a letter, since I plan to put a "pretty" fence up.) Just letting this all slide and hoping no one will call his bluff or call in the authorities is stupid, imo. I agree you should not rely on someone else's survey. And unless you are there to guard your line, posted or not, anyone can try to trespass. They have to get caught by a law officer or CO.
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  #22  
Old 11/22/14, 12:59 PM
Danaus29's Avatar  
Join Date: Sep 2005
Location: Ohio
Posts: 19,349
Quote:
Originally Posted by am1too View Post
If an easement does not appear on the other property owners title he does not have an easement on your property.
Not always necessarily so. Depends on the state and several other factors a good lawyer should know about.
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  #23  
Old 11/22/14, 01:50 PM
 
Join Date: Jul 2014
Posts: 1,727
Surveyors are not perfect. Keep that in mind.
What made you think the corner was in the "old" location ?
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  #24  
Old 11/22/14, 01:52 PM
Pearl B's Avatar  
Join Date: Sep 2008
Location: N.Az
Posts: 4,519
Quote:
I think at the least the neighbor to the north and I should require him to lease our part of the old logging road at the rate of a dollar a year for access. This would prevent him from claiming he can take the road by adverse possession and gives us the ability to cut him off if we want to
I like this idea the best. As long as he coordinates his hunting plans with you. If he refuses to do that, then make him take the expensive route
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  #25  
Old 11/22/14, 08:57 PM
 
Join Date: Oct 2013
Location: cny
Posts: 857
went thru this 2yrs ago.row(deeded)across moms (now mine) property.original easement to get to citiots property out bk was still good-dated 1861.lucky it was on property line,fun part was deed stated during winter months.judge upheld that language=December to march 21st is your season of access.have a good day.thought i'd die laughing.lesson-chk your wording-it can make a big diff!
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  #26  
Old 11/22/14, 10:19 PM
 
Join Date: Dec 2009
Location: Oklahoma
Posts: 3,116
Quote:
Originally Posted by Danaus29 View Post
Not always necessarily so. Depends on the state and several other factors a good lawyer should know about.
Could be correct. All I can offer is my opinion. I do not practice law.
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  #27  
Old 11/22/14, 10:22 PM
 
Join Date: Dec 2009
Location: Oklahoma
Posts: 3,116
Quote:
Originally Posted by bigjon View Post
went thru this 2yrs ago.row(deeded)across moms (now mine) property.original easement to get to citiots property out bk was still good-dated 1861.lucky it was on property line,fun part was deed stated during winter months.judge upheld that language=December to march 21st is your season of access.have a good day.thought i'd die laughing.lesson-chk your wording-it can make a big diff!
Very interesting.
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  #28  
Old 11/22/14, 10:33 PM
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Join Date: Jul 2003
Location: Central S. C.
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If I'm not mistaken, if his property is landlocked, he will be granted an easement across the shortest reasonable access.
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  #29  
Old 11/22/14, 10:59 PM
 
Join Date: Mar 2013
Location: Central Valley Oregon
Posts: 43
Quote:
Originally Posted by vicker View Post
If I'm not mistaken, if his property is landlocked, he will be granted an easement across the shortest reasonable access.
Why If purchased landlocked he bought it cheep. Any surrounding property can ask any price for access. No free lunch
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  #30  
Old 11/23/14, 06:42 AM
 
Join Date: Oct 2013
Location: cny
Posts: 857
vicker,in n.y. if u buy landlocked property? u screwed,better have it in writing and notorized.in my case-judge told owner in swamp that i'm the only one who can change his access.guess he shouldn't have threatend and yelled at my mom.....I was at work that day-or we're been in court for a diff reason.
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  #31  
Old 11/23/14, 09:17 AM
SteveD(TX)'s Avatar  
Join Date: May 2002
Posts: 5,373
Quote:
Originally Posted by Danaus29 View Post
Not always necessarily so. Depends on the state and several other factors a good lawyer should know about.
True. An easement does not have to be recorded or shown on any kind of survey to be legal. And it is generally illegal to SELL land without access; there could be an implied easement which could carry rights if the issue goes to court. Or an adjoining owner can sometimes create a prescriptive easement by continuously using an old logging road, private road, etc. over someone else's land for a certain period of time.

Bottom line - get a good real estate lawyer ASAP.
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  #32  
Old 11/23/14, 10:15 PM
 
Join Date: Dec 2009
Location: Oklahoma
Posts: 3,116
Quote:
Originally Posted by bigjon View Post
vicker,in n.y. if u buy landlocked property? u screwed,better have it in writing and notorized.in my case-judge told owner in swamp that i'm the only one who can change his access.guess he shouldn't have threatend and yelled at my mom.....I was at work that day-or we're been in court for a diff reason.
I am not sure but think it is that way here.
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