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deeded right of way vs. ingress/egress

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catahoula

Junior Member
What is the name of your state? Alabama
Same property new problems.......the owner of the land located behind us has a deeded right of way along the south border of our property. There is also an ingress/egress to the property that runs right through the middle of our property. Since he has a deeded right of way, shouldn't he be using it? Also he "quit claimed" half of our property, the ingress/egress and his deeded right of way over to our neighbor??? This can't be legal, is it?? :confused:
 


FarmerJ

Senior Member
you really need to take advantage of the sites services and arrange to have all the documents pertaining to the easement reviewed by a atty to determine exactly what is and is not allowed then the atty can help you by drawing up letters addressing the issues if it needs to be done .
 

catahoula

Junior Member
thanks for the reply.....what about the quit claim?? Can someone quit claim land that they do not own ?? And can he claim he no longer has a deeded right of way since he quit claimed it back to the person he bought it from (my neighbor)so that he can use the ingress? The land is vacant (no house) and he has not been back there since we bought house 6 months ago. Also my neighbor is claiming the land that was quit claimed to him as his and said we can not fence it because it is his. (it is on our survey as ours). Yes an attorney will be consulted but I am just trying to find out as much as I can through all means possiable. Thanks for any and all answers and help!
 

catahoula

Junior Member
update.....we fenced in property without much trouble. They were given written and verbal notice. We are giving them 30 days to remove buildings from property or they will be fenced in too. (left them accessable for the moving of them) now my question is if someone has a deeded easement can he sue for a prescriptive one?? If so on what grounds?? ( sorry about the double posting...couldn't find this thread) note: we bought this property 6 months ago other owners have been here for 10 years or more.
 
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