Blocking Irregular Private Road Connection

[Christopher Knight]

My question involves personal property located in the State of: Florida (Indian River County)

Hello:

I would greatly appreciate your legal advice regarding an irregular road connection, at my current home, in Indian River County Florida. I want to determine if I have the legal right to block it. This inquiry is ideally suited for a land use attorney, who is familiar with land use issues. I look forward to your responses. Thanks, in advance, for your kind assistance.

The situation is as follows: My property has a private dirt road, which is a right of way easement, for a landlocked property to the North. In 2015, a new property was built, on the lot to the West. The previous home owner gave this new household permission to connect, in exchange for road repairs. Consequently, my dirt road is part of their address. However, this property is not landlocked. The southern border of their lot is right by a public road.

The matter is that they have widened their 90 degree road connection substantially and it has now created an attractive turn-around point on my road. Thus, producing a security issue. Strange vehicles and industrial trucks enter my lot, to turn around and/or momentarily rest. The title company that executed the closing evaded addressing this issue (which was never disclosed). I need to know if this road connection is illegal, as they appear to be piggybacking on my right of way easement.

As a side note, it might be important to mention the owners of the newer property contacted me two years ago. They complained their vehicles were getting dirty, due to pot holes on the road. They asked me for written permission to repair them. Consequently, in good faith, I wrote them an e-mail giving them permission to specifically fill the pot holes affecting them, with an economic aggregate. A few weeks later, when I was not home, they resurfaced the entire road, without my knowledge or consent.

[llworking]

My question involves personal property located in the State of: Florida (Indian River County)

Hello:

I would greatly appreciate your legal advice regarding an irregular road connection, at my current home, in Indian River County Florida. I want to determine if I have the legal right to block it. This inquiry is ideally suited for a land use attorney, who is familiar with land use issues. I look forward to your responses. Thanks, in advance, for your kind assistance.

The situation is as follows: My property has a private dirt road, which is a right of way easement, for a landlocked property to the North. In 2015, a new property was built, on the lot to the West. The previous home owner gave this new household permission to connect, in exchange for road repairs. Consequently, my dirt road is part of their address. However, this property is not landlocked. The southern border of their lot is right by a public road.

So, the previous owner of YOUR property gave permission for the new household to use the road on your land for ingress/egress and apparently as an address?

The matter is that they have widened their 90 degree road connection substantially and it has now created an attractive turn-around point on my road. Thus, producing a security issue. Strange vehicles and industrial trucks enter my lot, to turn around and/or momentarily rest. The title company that executed the closing evaded addressing this issue (which was never disclosed). I need to know if this road connection is illegal, as they appear to be piggybacking on my right of way easement.

Its actually not YOUR easement. Its an easement for the landlocked party. You own the land under the easement. Why do you consider their turn around to be a security issue?

As a side note, it might be important to mention the owners of the newer property contacted me two years ago. They complained their vehicles were getting dirty, due to pot holes on the road. They asked me for written permission to repair them. Consequently, in good faith, I wrote them an e-mail giving them permission to specifically fill the pot holes affecting them, with an economic aggregate. A few weeks later, when I was not home, they resurfaced the entire road, without my knowledge or consent.

How did they resurface it? With gravel or with asphalt? Is there anything in the wording of the easement that prevents anyone from improving it?

All in all you probably need to consult with a local real estate attorney.

[budwad]

The situation is as follows: My property has a private dirt road, which is a right of way easement, for a landlocked property to the North. In 2015, a new property was built, on the lot to the West. The previous home owner gave this new household permission to connect, in exchange for road repairs. Consequently, my dirt road is part of their address. However, this property is not landlocked. The southern border of their lot is right by a public road..

The situation if I understand it correctly is not complicated. So your property is the servient estate (the easement runs across your land) to a granted ROW to a landlocked property to the north (that property is the dominant estate). Then in 2015 your predecessor gave permission to a property to the west to use the easement to access their property without any grant of an easement.

If that is correct, then here is what the common law would say about that salutation.

First, the common law establishes that an easement granted to one property can not, as a matter of law, be extended to another property without an express grant. Your predecessor gave permission for the property to the west to use the easement. That does not establish any easement rights. Permission does not establish an easement and can never ripen into an easement through prescriptive use or adverse possession. Permission is only a license to use the property. It can be revoked at any time by you the successor of the person that gave the permission.

The matter is that they have widened their 90 degree road connection substantially and it has now created an attractive turn-around point on my road. Thus, producing a security issue. Strange vehicles and industrial trucks enter my lot, to turn around and/or momentarily rest. The title company that executed the closing evaded addressing this issue (which was never disclosed). I need to know if this road connection is illegal, as they appear to be piggybacking on my right of way easement. .

As I have already said, if the use of your property was given by permission and not a grant of an easement to the property on the west then they do not have any easement rights. The question of legality is really moot because what the property to the west did was by permission. Nothing is illegal about that.

The title company would not have likely been aware of any agreement between your predecessor and the property to the west because there was no easement recorded. It was an agreement between neighbors that was not a recorded document.

As a side note, it might be important to mention the owners of the newer property contacted me two years ago. They complained their vehicles were getting dirty, due to pot holes on the road. They asked me for written permission to repair them. Consequently, in good faith, I wrote them an e-mail giving them permission to specifically fill the pot holes affecting them, with an economic aggregate. A few weeks later, when I was not home, they resurfaced the entire road, without my knowledge or consent.

So it seems that you benefited from their improvement of the road. What is there to complain about. Again, you gave the property permission to improve the road. If there were a granted easement to the western property, they would have the right to improve the road without your permission.

So here is the bottom line: You can revoke their use anytime you choose. They don't have an easement and since they have access to a public road there is little chance that they could establish any easement by necessity or otherwise as being landlocked property through the courts.

Consult with a local attorney for your options and then decide how you want to proceed. One option (referencing your title) would be to send them notification that permission is revoked and that you will be blocking access as of a date certain. Best done through an attorney letter.

[llworking]

The situation if I understand it correctly is not complicated. So your property is the servient estate (the easement runs across your land) to a granted ROW to a landlocked property to the north (that property is the dominant estate). Then in 2015 your predecessor gave permission to a property to the west to use the easement to access their property without any grant of an easement.

If that is correct, then here is what the common law would say about that salutation.

First, the common law establishes that an easement granted to one property can not, as a matter of law, be extended to another property without an express grant. Your predecessor gave permission for the property to the west to use the easement. That does not establish any easement rights. Permission does not establish an easement and can never ripen into an easement through prescriptive use or adverse possession. Permission is only a license to use the property. It can be revoked at any time by you the successor of the person that gave the permission.




As I have already said, if the use of your property was given by permission and not a grant of an easement to the property on the west then they do not have any easement rights. The question of legality is really moot because what the property to the west did was by permission. Nothing is illegal about that.

The title company would not have likely been aware of any agreement between your predecessor and the property to the west because there was no easement recorded. It was an agreement between neighbors that was not a recorded document.



So it seems that you benefited from their improvement of the road. What is there to complain about. Again, you gave the property permission to improve the road. If there were a granted easement to the western property, they would have the right to improve the road without your permission.

So here is the bottom line: You can revoke their use anytime you choose. They don't have an easement and since they have access to a public road there is little chance that they could establish any easement by necessity or otherwise as being landlocked property through the courts.

Consult with a local attorney for your options and then decide how you want to proceed. One option (referencing your title) would be to send them notification that permission is revoked and that you will be blocking access as of a date certain. Best done through an attorney letter.

We don't know that an additional easement wasn't granted to the property to the west. I think it imperative that the OP consult with a local attorney who can research things before taking any action.

He let them spend money to improve the easement. He could see himself looking at a lawsuit if he goes about this the wrong way.

[budwad]

We don't know that an additional easement wasn't granted to the property to the west. He let them spend money to improve the easement. .

You should go back and read OP post. The use by the western property was by permissive use. The title company found no granted recorded easement. And it makes no difference that the westerly property improved the easement (of another property) with OP's permission.

You really should stick to advice on the law you know (taxes).

[llworking]

You should go back and read OP post. The use by the western property was by permissive use. The title company found no granted recorded easement. And it makes no difference that the westerly property improved the easement (of another property) with OP's permission.

You really should stick to advice on the law you know (taxes).

From the original post:

The situation is as follows: My property has a private dirt road, which is a right of way easement, for a landlocked property to the North. In 2015, a new property was built, on the lot to the West. The previous home owner gave this new household permission to connect, in exchange for road repairs. Consequently, my dirt road is part of their address. However, this property is not landlocked. The southern border of their lot is right by a public road.

That does not sound like simple permission. That sound like a contract with consideration given.

The matter is that they have widened their 90 degree road connection substantially and it has now created an attractive turn-around point on my road. Thus, producing a security issue. Strange vehicles and industrial trucks enter my lot, to turn around and/or momentarily rest. The title company that executed the closing evaded addressing this issue (which was never disclosed).

That does not sound like the title company researched the issue and found no easement.

[Christopher Knight]

Hello llworking. Thank you very much for taking the time to review my inquiry and for providing your valuable feedback. Your assistance is greatly appreciated. Have a wonderful day. Regards.

Hello budwad. You understood the situation very well. My property used to be an investment/rental property. The last tenants were the ones who informed me their landlord had given the new household permission to connect, in exchange for road repairs. The title company never supplied me any information related to a right of way easement (or anything else) involving the new property to the west. The previous owner of my property agreed to allow the connection, because it was in his best interest (I suppose). However, circumstances have now changed drastically. I greatly appreciate your detailed and insightful response. I found it extremely helpful and informative. I will seek the services of a local real estate attorney and proceed as you suggested. Have a great day. Sincere regards.

[budwad]

That does not sound like simple permission. That sound like a contract with consideration given..

A permissive use never (almost never) ripens into an easement. You can do the research yourself if you want to read the case law. A contract for permission to use OP's land in return for road improvements still does not create an easement.

That does not sound like the title company researched the issue and found no easement.

Well if the title company did their job and found no recorded easement or agreement then it was not recorded. It was a neighbor to neighbor agreement that was not recorded. A title company can only find what is in the public record. Still it was a permissive use and can be revoked.

[llworking]

A permissive use never (almost never) ripens into an easement. You can do the research yourself if you want to read the case law. A contract for permission to use OP's land in return for road improvements still does not create an easement.



Well if the title company did their job and found no recorded easement or agreement then it was not recorded. It was a neighbor to neighbor agreement that was not recorded. A title company can only find what is in the public record. Still it was a permissive use and can be revoked.

I think that the OP needs to hear that from an attorney. If the attorney agrees with you, then so be it. It sure sounds like there was a contract for consideration and something like that can't just be revoked.

[budwad]

I explained the law and told OP to to consult with an attorney before making any decision. If you think I have misstated the law then show me where other than your uninformed personal opinion. Otherwise, please stop trolling my post. It's about the law and not your layman opinion.