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Can I regain access to an easement after property sold?

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1971robby

Junior Member
What is the name of your state (only U.S. law)? Mississippi

To give you an idea of the layout of the properties to start with, coming down the main road (County Road 1, we are way out in the country), there is a fork, Road 1 makes a slight left, and County Road 2 makes a right. If you do not turn one way or the other, you will end up in my neighbors living room. We bought a couple of acres off the back side of that property from the previous owners, who were friends of ours. At the time as we were considering where to situate the house and the drive, the previous owner offered us an easement to Road 1, since the only other way out, to Road 2 was a very steep hill that would be difficult to maintain as a driveway. Over the years my husband did make a trail with his tractor, which we are now using as a drive. The Post Office also considered Road 1 as where we should place our mailbox.

I have lived in my home for over 20 years, the whole time I have had an easement (in writing) to access my property at the edge of a neighbors property, (the papers said, 15 ft from the edge of his property on that side). Two years ago, the property was sold, the previous owner told me that he would see that the easement was included in the terms of the sale, and has told me since it was included, but he has passed away. Shortly after the new owners took possession, they blocked off the access road with railroad ties, telling me that it was their property and they did not want us on it, so I was trespassing. Sad part is I went to church with this kids family for years, and I taught her in school, and she didn't like me then.

My husband and I are elderly and in bad health, we have to call for an ambulance an a semi-regular basis, as my husband has a terminal illness. On these occasions I have to leave him at home alone about to die, and drive 3 miles to the intersection, and wait for and then lead the ambulance in because their GPS takes them to the first road, since that is my legal address. Is there anything I can do to force the new owners to open the road back up? Considering the Post Office, considers that my address, and I am supposed to still have an easement. I don't know for a fact that the easement was included in the terms of the sale, other than knowing the previous owner would not lie about it, he would tell me if he couldn't get it done.

I can't afford to see a lawyer unless I know I can take this to court and win, not to mention finding someone to sit with my husband while I'm gone. Can you give me some idea where to find the laws (in plain English) dealing with easements, and property sales? I understand, this is a community of helpful people not necessarily lawyers (and even less likely from Mississippi), but maybe someone will now of a website, or a book or something where I can find some information so I know if it's worth while to contact an attorney.
 
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OK-LL

Member
If you have a written Easement granted by the previous owners of the property you cross as a driveway, and that Easement was recorded in the land records of your county clerk's office prior to the sale of that property to the new owners, the Easement "runs with the land", meaning that it remains effective against any new owners of that property -- assuming it has no limiting language, such as language which limits it to a specific time period or for a specific purpose which excludes a driveway or access (for instance, it could be limited to utility access only). If you have a written, recorded Easement granting your right to access your property by travelling across the neighbor's property, you likely have a case you can win. You should take your Easement document to a real estate attorney for review and action.
 
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