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  1. #1
    Join Date
    Apr 2008
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    Question Prescriptive Easement Or Easement By Necessity

    New to the forum.. Long story short..mother owns acreage in wv, plans are in works to give me a portion, this entire property is landlocked. Property beside us has a public road to and through a portion of his property but it appears to dead end. We have walked across his property for 20+ years to access our property and I am planning to build on my portion very soon but he is stating he will not grant us access. I am still in process of deed research, this other property owner is a relative and at one time all of this property was together as one, but through separation, no row or easements were given. Do I have the right to a road through his property for vehicles to get to the public road that is on his property?

  2. #2
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    Default Re: Prescriptive Easement Or Easement By Necessity

    Maybe. More information is needed.

    A complicating factor is that, although the original split would almost certainly have created an implied easement for the landlocked parcel, it isn't clear that an increased use of that easement following the splitting of the landlocked parcel would be within the scope of that easement - at a certain point you increase the burden on the easement.

    You should talk to a real estate lawyer in your state.

  3. #3
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    Apr 2008
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    Default Re: Prescriptive Easement Or Easement By Necessity

    What exactly do you mean by "burden the easement" ? I've done more deed research since the posting, I'm back into the mid 1800's and so far I still have found no easement or row given to that land. Not sure what else I can do other than talk to an attorney, I've ran out of things to research!

  4. #4
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    Default Re: Prescriptive Easement Or Easement By Necessity

    Definition: Burden.

  5. #5
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    Apr 2008
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    Default Re: Prescriptive Easement Or Easement By Necessity

    I'm aware of what "burden" means, but if there is no deeded easement or row how can you burden anything?

  6. #6
    Join Date
    Oct 2007
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    Ohio
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    Default Re: Prescriptive Easement Or Easement By Necessity

    I recommend that you engage a local attorney for a couple of billable hours to look over your paperwork and give you an estimate of what it will take to get an ingress/egress easement to include utilities.

  7. #7
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    Apr 2008
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    Default Re: Prescriptive Easement Or Easement By Necessity

    Have spoken to an attorney, says we will have to sue for access. You also mentioned "utilities", not sure if this helps but there is a gas line row that goes through the neighbors property and through ours and also row for electric, these rows run parallel to one another with approximately 150-200 yards between them. The gas co. and electric co. drive on both rows through the neighbors property and then onto ours, can we use those rows to drive on also? Both rows are straight access over to our property? Or, can we not use them because they were deeded rows for utilities?

  8. #8

    Default Re: Prescriptive Easement Or Easement By Necessity

    If you use their ROW's, you would be burdening their easement.

  9. #9
    Join Date
    Oct 2007
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    Ohio
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    Default Re: Prescriptive Easement Or Easement By Necessity

    It's a good thing that you already have utility easements.

    The fact that you are landlocked and can successfully obtain an ingress egress easement from the court puts you in a good position. lwpat is correct that the utility easements give you no right of ingress or egress, but a court can solve this problem whereas the utility access could be much more difficult to obtain from the court.

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