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  1. #1

    Default How Do You Establish a Right of Way

    We bought a piece of property with the intent to build a home on it. There is a dirt road that has been there for many (more than 60 years) that is the only access to the property. At the time we bought the property we did not know that that dirt road is actually on someone elses property. There are fences on both sides of the road, but the road has never had a fence across it to restrict access. Many years ago someone had a trailer on the property and was living on it. The other property owner sent us a letter stating that we could continue to access the property for "grazing" purposes alone. I think he is just jealous because he has tried to buy the property in the past and now is just acting out against us, trying to keep us from building a home on the property. We have had the title company do a search for any easements, but none of the easements address the road itself. What can be done? Do the facts that the road has been present for a long time, with no restriction of access and this property owner has only had his property for 5-10 years mean anything?

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,583

    Default Re: How Do You Determine Right of Way

    We bought a piece of property with the intent to build a home on it.
    Is this in the United States?

    If so, and you need a building permit and/or a mortgage, you are probably going to have to solve the access issue. You will need a local attorney for that.

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