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  1. #1
    Join Date
    Nov 2009
    Posts
    2

    Default Neighbor Claims Trespass

    Hello,

    I am fairly new to the subject of easements, and am merely seeking information for my father, who purchased a chunk of land behind his property in Missouri.

    (Yes, it's deer season and that's where it all started!)

    OK, my dad purchased a piece of property behind his land, and in order to get to that property, one must cross a small lot of land (not even owned by the complainer, but shares a property line with the lot that was purchased. Not sure how he can complain about land that is not his anyway) to get to my dad's property. The person started complaining (about our trespass) because we complained (about their trespass) that he was letting people hunt on the lot of land that my dad purchased. Weird, I know.

    So when one of the trespassers was notified, the person who shares that property border, came over to say that somebody would have to trespass (again, not even his land) in order to get to the property that my dad rightfully owns.

    However, when the lot of land was bought, he was told that as long as he remained along the fence-line (while crossing the in-between lot), it was legal. Otherwise, he would have never bought the lot.

    So the question is: do we need to find out if there is an easement in the title to cross the center lot (hope I'm describing this correctly), or how does this work?

    Thanks for the help!

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Neighbor Claims Trespass

    Who owns the land which is supposedly being trespassed upon?

  3. #3
    Join Date
    Nov 2009
    Posts
    2

    Default Re: Neighbor Claims Trespass

    Quote Quoting LandSurveyor
    View Post
    Who owns the land which is supposedly being trespassed upon?

    The person complaining does not own the land. However, wouldn't there be an easement by necessity or something like that, if eventually that land owner had a problem? Thanks.

    P.S. I realize it's weird someone who doesn't even the property is giving us a hard time, but since this has came up, it would be nice to know for future reference.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Neighbor Claims Trespass

    Unless the lot he uses for access was split from the landlocked lot, thereby rendering it landlocked, there's no implied easement. In some states if you knowingly buy a landlocked parcel, you get exactly what you pay for and are on your own to try to negotiate access.

    If you want to see if there's a recorded easement on a piece of land, check the title history with the register of deeds. If not, and there is no other access, you can consider looking up the ownership of the small parcel, and making an offer for an easement or to straight-out buy it.

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Neighbor Claims Trespass

    The person complaining does not own the land.
    I don't own it either. If you don't know who owns it, it's probably a good time to find out. If you do know who owns it, you should have helped this process out by answering the question.

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