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Old 09-17-2005, 09:07 PM   #1
 
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Default PROPERTY EASEMENT

before we contact a lawyer or judge,in al. can a land owner deny you access to some land that you lease and have to cross their land to get to your leased land,keeping in mindthere is only one road in and out, and that access road has been there formany years. thanks
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Old 09-17-2005, 09:33 PM   #2
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Default RE: PROPERTY EASEMENT

The owner of the property you are leasing should have a Quit Claim Deedto
enter his property. In FL you can not land lock anybody.
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Old 09-18-2005, 08:38 AM   #3
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Default RE: PROPERTY EASEMENT

Just being a lease holder will not give you legal ingress/eggress to the property. You need to contact the legal landowner and see if he they can get you the access. A lawyer or judge won't be able to help you, but the landlocked landowner may be willing to seek legal access, although going through the court system may take 6 months or more. Offering some cash for access may be the quickest route, but I would get your leasor to help.
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Old 09-18-2005, 10:20 AM   #4
 
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Default RE: PROPERTY EASEMENT

I had this same problem with a trailer and lotI used to own. I owned it for 7 years and recieved it from my grandfather. The driveway went through the corner of the neighboring lot, which originally was owned by my father. I had some trouble with a SOB neighbor later that fenced off the driveway!!!! I went to a lawyer, and in VA if the road has been in use for at least 20 years (it was in existence for 31years)you have legal rights to passage, except in the case of relatives. This was the case, so I did not have a leg to stand on! Check to see if there is a time limitation in AL. Good Luck!
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Old 09-18-2005, 01:16 PM   #5
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Default RE: PROPERTY EASEMENT

In Fl. the access used for years that is non contested is called a prescription easement. I'm not sure that Al. has that same type law.
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Old 09-25-2005, 06:59 PM   #6
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Default RE: PROPERTY EASEMENT

i have a place about a mile down my road from my house that was up for sell a two story about quarter built building and some land would have made a great hunting place so i called the realiter they were asking 65000 for the building and 10 acres i talked to some people around to see if it was worth it and i found out that the land was in the middle of a court case were they had sold four pieces of land and the farmer who owned the land next to it land locked it beacuse when they sold the property i was looking at the lost the road right away and from what i was told they will not beable to get it back the farmer put up a fence and there is two brand new house not cheap either like 200000 dollor houses two boats and about 40 acres that no one can get to so i would watch what you look at leasing and if it is land locked talk to who ever is locking it and you might have to grease the wheels so to speak or throw a little money his way
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Old 09-25-2005, 07:02 PM   #7
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Default RE: PROPERTY EASEMENT

also i found out that here it is not legal for a person who has landlocked land to lease sell or rent it untill the proplem is resoved so you might beable to get you cash back if you can not get to the property
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Old 09-27-2005, 02:52 PM   #8
 
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Default RE: PROPERTY EASEMENT

sound like this could be a touchy subject,what really happen was this guy lost his turkey rights on the land for some reason, and the land owner let me lease it because i have land leased next to it and work with the guy. so when the guy that lost the lease finds out i've got it, he's going to hit the roof and may not let me cross his land from the highway,i hope this don't happen,i didn't have any thing to do with him loosing the lease, i think everything will be ok, because i lease the turkey rights to the guy next to the land he lost, it will be interesting, if this does happen , i'll still have acess from another land owner by four wheeler through the woods, thanks for ya'lls information.
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Old 09-27-2005, 06:47 PM   #9
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Default RE: PROPERTY EASEMENT

I had the same prob about 3 years ago. Me and a friend were issued summons for hunting w/out permission. We had permission but the land was landlocked we had to cross someone land to get there. Also the game warden had given us probs before because he thinks he is GOD. Anyway our case was thrown out beause it was landlocked igress/engress<(SP). so i would say go the local court house find the plats on the land and find a greenway. that will be your entry point. I know here in va you cant have landlocked land not sure about AL.
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