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Old 03-01-2008 | 04:18 AM
  #26  
jack doe
 
Joined: Mar 2008
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Default RE: I need Legal advise

My last lawyer said to be grandfathered in you had to own it for 15 years. So we paid my neighbors lawyer fees to do it through his property and they made more excuses. So this guy has a total of 4 of us locked out. So we decided maybe it would be cheaper to build a road.
Loman
How much did you figure it would cost? I have a similar situation but our access is over 100 years. Previous owners usage count toward the total years, at least here.

We got a signed agreement, but one parcel was left out so it is not quite complete, despite my lawyer's assurance that the parcel was added. The estate closed without that assurance being written in ... basically my own lawyer threw me under the bus to protect his next door lawyer.

Anyway, the number I heard was around $10,000 to go through the court, if I ever got blocked on that other parcel. I do have hunters come here, but we also have other access, though there is no road and it would be a half mile of new road.

As I understand, assuming your previous owner also used the road, or your other neighbors used it for 15 years, you could win, but it takes a judge to give you a prescriptive easement by adverse possession. I'm not clear what takes place, but it seems you would have to file suit. If he has blocked you, you now have 15 years to file that suit perhaps.







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