What is the name of your state (only U.S. law)? California
I own a 5 acre parcel that was part of a 20 acre parcel that was split years ago (I'm not sure exactly when). When they split the parcel, they left 10 acres in the back and put two 5 acre parcels in the front along the road. They didn't put in an easement for the back 10 when they split it. My deed says nothing about an easement; the plat map has nothing about an easement. The daughter of the man who split the property owns the landlocked 10. Her lawyer just sent us a letter saying they want to put an easement of necessity along the west side of our property to access her property (which is directly north of us). I understand that she needs to be able to access her property (which is currently just bare land that she's trying to sell, which is why this issue never came up before), but there is an easement north of her that goes all the way down to the northeast corner of her property. However, it is labeled as a private road. Is there any way that she can be made to use that private road instead of taking the west side of my property? I understand that we'll be compensated (I believe it's through our homeowner's insurance) for the land they take for the easement, but I'd rather have the land than the money. Do I have any say or am I just going to be forced to sell my land to her?
I own a 5 acre parcel that was part of a 20 acre parcel that was split years ago (I'm not sure exactly when). When they split the parcel, they left 10 acres in the back and put two 5 acre parcels in the front along the road. They didn't put in an easement for the back 10 when they split it. My deed says nothing about an easement; the plat map has nothing about an easement. The daughter of the man who split the property owns the landlocked 10. Her lawyer just sent us a letter saying they want to put an easement of necessity along the west side of our property to access her property (which is directly north of us). I understand that she needs to be able to access her property (which is currently just bare land that she's trying to sell, which is why this issue never came up before), but there is an easement north of her that goes all the way down to the northeast corner of her property. However, it is labeled as a private road. Is there any way that she can be made to use that private road instead of taking the west side of my property? I understand that we'll be compensated (I believe it's through our homeowner's insurance) for the land they take for the easement, but I'd rather have the land than the money. Do I have any say or am I just going to be forced to sell my land to her?