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  1. #1
    Join Date
    Mar 2009
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    Question Implied Easement

    We own a parcel of land here in North Carolina which has, over time, become landlocked (this occured, however, before we bought it, three years ago). It has just now come to our attention, as we are trying to sell it, that there is evidently no recorded access to this property. It is a North-South rectangle of 9.4 acres approximately 150 ft. from the county road, but at one time, it had a triangular portion, which was evidently sold back in the 1990's, coming off of the southeast corner, and one side of this triangular portion laid on the road. The dirt path that leads from the road back to the rectangle we own runs along the west side of this triangular portion, but not through it, until it reaches the upper tip of the triangle, and there it crosses over it. The dirt path or drive, according to the woman we bought it from, has been the access to/for this property for as long as she has been alive. (Her mom (grandmom?) owned the original, intact property.) Because of the way the property now lays, the dirt path crosses the property of two different individuals (a East-West rectangle to the south of it, and then the tip of the triangular portion) on its way back to the parcel we own. Does the plainly visible and obviously used dirt path/drive create an implied easement? (The owner of the triangular piece did not sound enthused when I called requesting an official easement.) Thanks for any advice you can give.

  2. #2
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    Sep 2005
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    Default Re: Implied Easement

    Did you know it was landlocked when you bought it? If not, why not?

    "Evidently" doesn't help - either it happened the way you describe, or it happened some other way. If you're not certain, you're going to have to delve into the title history to find out.

  3. #3
    Join Date
    Mar 2009
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    2

    Default Re: Implied Easement

    I said "evidently" because the "evidence" at hand shows it was sold (parcel map from tax office). As to why we bought a piece of landlocked property, you would have to take that up with my husband, who bought the parcel sans an attorney, as I was thousands of miles away at the time, and had not seen the property. Neither of these facts, however, has anything to do with my question, which was, basically: does a mutually respected, but unofficial easement, over decades of use, by numerous public and private parties, become an implied easement?

    Now, had I been looking for an answer such as the one you gave, I would simply have asked: Did hubby screw the pooch here by taking the kind, elderly owner at her word that there was access to the parcel?

  4. #4
    Join Date
    Oct 2007
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    Ohio
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    2,592

    Default Re: Implied Easement

    does a mutually respected, but unofficial easement, over decades of use, by numerous public and private parties, become an implied easement?
    Yes.

    Unless it has been permissive use only, in which case it is not an easement and permission can be withdrawn at any time. And there are some other exceptions.

    But all easements are subject to the Statute of Frauds in common law states, which means that they need to be in writing. So your easement is merely a theoretical claim to an easement until it can be reduced to writing.

    You can ask for an easement from the adjoiner (which I think you have done) and try to make the case that it will be better for him to accept a reasonable payment from you as opposed to taking the easement by court order which you can possibly do, at a greater cost to yourself and him.

    Or you can just try to force the issue by using the path and see what happens.

  5. #5
    Join Date
    Mar 2009
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    327

    Default Re: Implied Easement

    In my state, one can not sell a parcel that is land locked without access of some sort. You may want to research your state statutes. If that is the case for you, you may have a claim against the previous owner and realtor. Also research the statute of limitations for contracts.

  6. #6
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    Default Re: Implied Easement

    Quote Quoting KellyNC
    View Post
    Now, had I been looking for an answer such as the one you gave, I would simply have asked: Did hubby screw the pooch here by taking the kind, elderly owner at her word that there was access to the parcel?
    The fact that you don't want to provide information relevant to your legal situation does not make that information irrelevant, nor does it justify your being obnoxious. You want somebody to answer your question exactly as asked, no more no less? Then break out your wallet, hire a lawyer, and ask your lawyer. I don't get paid to try to help you.

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