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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Shared Easement

    My question involves real estate located in the State of:Missouri , I have owned my property since 1996 and have had an shared easement that had land behind me that was for sale , our next door neighbor bought the property and has told me that he now owns the easement and he now has land locked me . Can he do this to me?

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Shared Easement

    If you have an easement to property, the easement is part of the title (generally) and cannot be redacted by a new property owner.

  3. #3
    Join Date
    Jun 2011
    Posts
    3

    Default Re: Shared Easement

    Harley05,

    Have a care. Antrc170 is generally correct, but you need to check with a local attorney. Do you have it in writing? I would suggest the closest 'town's attorney in the department of taxation. Here in Virginia, tax is based on access, and if landlocked, they lose money. And they would have such 'writs'.

    We had a case locally, which I followed with great interest.

    Shenandoah Retreat Land Corporation vs John Edwards. Private 'shared' 'driveway' 'sub-easement' 'by writ' 'by necessity' can be seized and the downstream owner blocked. Look up the meaning of all those legal terms in single quotes.

    Mr Edwards lost as the 'writ', attached to historical deeds, went missing, and he had no legal 'true' or 'notarized' copy. By Virginia law, that 'struck' the 'writ', and with the 'writ' struck, so was the easement. As a 'sub-easement' the historical 'once a road, always a road' arguments were not applicable.

    Got it in writing, notarized?

    Sarah

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