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.