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  1. #1
    Join Date
    Jan 2008
    Posts
    3

    Default Blocked Easement And Road Access

    Hello everyone,

    I'll try and paint a picture and hopefully it will be understandable. Visualize a big sqaure lot. On one end of this big lot, each corner was divided into two seperate lots with a strip in between them that is still part of the original big lot but is designated as non-exlusive easement for egress and ingress. One of those new lots has access to the road. The other lot and the easement in the middle do not have access to the road. I own the house that does not have access. On the lot that does have access is recorded a 25 x 25 non-exclusive easement for ingress and egress to the strip of easement in between the two lots. That easement is only recorded on the deed for that lot it is on. It is not recorded on my deed, nor is it specified that the easement was established for my lot to access the road. A new owner of that lot has fenced in the easement on his property causing me to create a path over someone else's property. I recieved verbal permission from that person but there is nothing in writing.
    My question is if that owner is allowed to fence in the easement or not. My title company is looking into it since my deed doesnt specifically grant me road access and they cleared the title thinking it did. My other question is, if I offer to buy, from the owner of the big lot, the strip of eaement that runs between my lot and the other one, will I be able to remove the easement status from it. The main purpose of that easement, per the original owner, was for access bewteen all the lots because it was all family. The lot next to me that is blocking my road access, has no need to use the easement between us because it doesnt go anywhere and he has road access already. I was thinking of buying it to make it part of my property, letting my title company establish my road access, and fencing it in all.
    I know this seems like a long, rambling issue so hopefully it was understandable and someone will be able to answer at least one of my questions. I live in jacksonville, fl, if it makes any legal difference.

    Thank you.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Blocked Easement And General Easement Question

    From what you say, there is an easement (easement #1) between the two properties (the "strip") which is meant to give you ingress and egress, but that to reach the road that easement goes over the person's land (easement #2). Without that access to the road, you must cross somebody else's land to reach the road. There may be an error in how easement #2 was drafted and/or recorded, and your title company is trying to figure that out.

    You probably do have a right to use easement #2. If your title company can't answer that for you, take the title documents to a real estate lawyer for review. But if you are otherwise landlocked, whatever the status of the formal grant, you should have an implied easement for ingress and egress. It would help if you told us how long ago all of this happened, and what other road access is available.

    If you acquire land, you take it subject to existing easements.

  3. #3

    Default Re: Blocked Easement And Road Access

    He cannot close the easement. Have an attorney send him a letter to remove the fence. If not, take down the fence and stack the material on his property. I really couldn't follow your description but you can't close an easement. The easement does not have to be on your deed for you to have the right to use it. If you buy the property under the easement you also have to purchase the rights from the adjoining property owners in order to extinguish the easement.

  4. #4
    Join Date
    Jan 2008
    Posts
    3

    Default Re: Blocked Easement And Road Access

    As for how long ago this all happened. I've lived in the property for just over a year. The #2 easement was established probably about 10 years or so ago, I think. My new neighbor hasn't owned the property for even a month yet, I think, and technically hasnt even moved in yet. He's just come out to put up his fence. There is no other road access for me. At least, not without driving through the middle of somebody else's yard. I made up a nice little picture map showing everything, but it doesnt look like I can attach it here
    I can email it to anyone who wants to take a look though.
    So from what I'm reading. If I purchase the land part of easement 1 is on, I would have to pay the neighbor who is causing me problems for the rights to extinguish it? Even if it serves him no purpose? The only place that eaement would take him is to my property or the neighbor who owns the big property everything was derived from. For that matter, he put a fence up on me, I guess I could just put a fence up and say "Too bad, so sad" to him"

  5. #5
    Join Date
    Jan 2008
    Posts
    3

    Default Re: Blocked Easement And Road Access

    As for how long ago this all happened. I've lived in the property for just over a year. The #2 easement was established probably about 10 years or so ago, I think. My new neighbor hasn't owned the property for even a month yet, I think, and technically hasnt even moved in yet. He's just come out to put up his fence. There is no other road access for me. At least, not without driving through the middle of somebody else's yard. I made up a nice little picture map showing everything, but it doesnt look like I can attach it here
    I can email it to anyone who wants to take a look though.
    So from what I'm reading. If I purchase the land part of easement 1 is on, I would have to pay the neighbor who is causing me problems for the rights to extinguish it? Even if it serves him no purpose? The only place that eaement would take him is to my property or the neighbor who owns the big property everything was derived from. For that matter, he put a fence up on me, I guess I could just put a fence up and say "Too bad, so sad" to him"

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