Do I have to grant an easement?

[j082736]

What is the name of your state?What is the name of your state? South Carolina

I recently bought a mobile home on 2 acres of land out of foreclosure. I represented myself in the transaction and researched the current easement available to me to acess my property. I obtained permission from landowners, whose property my easement crosses, to erect a gate to protect myself and my 4 children as long as the property owners a key for access. Out of the woodwork comes a landowner who has some property beside mine and who is insistent on the key to the gate. Actually, I think he really wants me to buy the property. He currently has no real access to his property as the easement was only granted for access to my property. At the time of foreclosure on the property I bought, 5 other lots around mine were sold as well but they are all landlocked. There is at least one other way this man can access his property (that doesn't have him going up and down the easement that I just paid about $5,000.00 to have graded and graveled). By law, do I have to give him access through my current right of way? By the way, he paid $50.00 for almost an acre of land when it all went into foreclosure. He has owned this property for 5 years and has done nothing with it until I bought my property and invested the money to have this very very long right of way repaired. I think he is bullying me, and is ultimately hoping I will buy the property which he says appraised at $11,000.00. I believe he knows that he is on shaky ground but is counting on being able to intimidate me. If he sells this land, is he not required to tell any potential buyer that this property is essentially landlocked? Thank you for your help.

 

[BelizeBreeze]

Without a full review of the easement documents and plat map there is no way to give a valid opinion. However, the easy answer is you can tell the neighbor to pound sand and let him go through the process of filing suit for the easement.

Tell the neighbor thanks but no thanks and then wait and see what he does. I am willing to bet it's nothing.

 

[seniorjudge]

Landlocked owners generally can sue for an easement to get across another person's land if that land leads to public access.

As usual with anything legal, a huge volume could be written about the exceptions to that rule.

BB gave you good advice. Do it.

(BB: What happened to "Bite rocks!")

 

[Florid-aise]

By law, do I have to give him access through my current right of way?

To quote the most quoteable quote "BB gave you good advice. Do it.".

(Role Reversal - Round One)
Although I have tried, no one seems to want to take my suggestion to heart and give it a try. My suggestion: on the subject of easements, have the two disputing land owners swap titles. For a specified period of time. Think about it, if the shoe were on the other foot, even briefly, you could easily imagine and realize the need for access to that land, right? Why, for the life of me, no one wants to be a "tester" for this theory is beyond me. It looks so good on paper.

By the way, he paid $50.00 for almost an acre of land when it all went into foreclosure....I think he is bullying me, and is ultimately hoping I will buy the property which he says appraised at $11,000.00.

Now this one is personal and hits a raw nerve, so bear with me a moment.

Imagine standing in the parking lot of your favorite grocery store trying to get you car keys out of your pocket when the wind blows a one hundred dollar bill on top of your shoe. How much is that hundred dollar bill worth to you? Would you give it immediately away? Would you bother NOT to pick it up? Would you sell it or trade it, for lets say, 10 bucks? After all, you didn't earn that hundred dollars, nor suffered any risk to get, it was free, right? Knowing absolutely nothing about you and your character, statistically speaking, you would get the biggest bang for that buck that you could get, and rather quickly too.

(Role Reversal - Round Two)
Let's imagine for a moment that YOU had obtained a parcel of land valued at $11,000.00. Would YOU dispose of it for, lets say, 500 bucks, because you paid 50 bucks for it? Come on now, tell the truth here. Be honest. Would you REALLY let that other money go? Knowing what the purchase/selling price was previously, has absolutely nothing to do with the value of the thing right now. Boiled down to its simplest terms, the price of ANYTHING, is determined by agreement of two factors, and two factors only. The price someone is willing to accept to depart with the thing - and the price someone is willing to pay in order to acquire the thing. Please feel free to rebut this argument.

(BB: What happened to "Bite rocks!")

SeniorJudge, I only do this once at Christmastime, so please understand the significance here. You have been here long enough to know that Breezy tells lots of folks to "pound sand". Very akin to the same principle that pressure upon coal creates a diamond, is what is operational here. When sufficient, accurate and scientifically deduced numbers of "pound sand" directives have been administered, the resulting effect of that sand pounding pressure creates rocks. Once thus created, Breezy is then free to issue the "bite rocks" command.

Observe...as I expect momentarily, he will be issuing that command to me.

 

[kmo199]

Florid-aise,

Your accurate grammar, wide knowledge of law, extensive
vocabulary, and good personality traits present a positive
atmosphere for newcomers here.
These traits that I mentioned which you possess
will undoubtebly pay off some way or another.

 

[j082736]

easement

It's not that I want to deny him complete access to his land. If I let him down the road as is, it only leads to my property. The way the land was originally divided, the access for the 5 other lots behind and around me should be accessed via a road that connects to my existing road, go around behind my property and then to his property. He wants the easy fix, to be able to just walk back and forth across my yard rather than finishing the road to access his property. I won't deny him an easement to reach his property but I do want him to have to create a road (that is shown on the diagram that I obtained from the county records office) to get there and not have the convenience of walking back and forth across my front yard. If the shoe were on the other foot, I wouldn't have bought property with no road access and then expect someone else to pave a road for me in the hopes I could let appraisors and potential buyors walk back and forth across someone else's property because I'm too cheap to put in a road myself. I don't believe my position is an unreasonable one.

 

[HomeGuru]

It's not that I want to deny him complete access to his land. If I let him down the road as is, it only leads to my property. The way the land was originally divided, the access for the 5 other lots behind and around me should be accessed via a road that connects to my existing road, go around behind my property and then to his property. He wants the easy fix, to be able to just walk back and forth across my yard rather than finishing the road to access his property. I won't deny him an easement to reach his property but I do want him to have to create a road (that is shown on the diagram that I obtained from the county records office) to get there and not have the convenience of walking back and forth across my front yard. If the shoe were on the other foot, I wouldn't have bought property with no road access and then expect someone else to pave a road for me in the hopes I could let appraisors and potential buyors walk back and forth across someone else's property because I'm too cheap to put in a road myself. I don't believe my position is an unreasonable one.

**A: you were also to cheap to hire an attorney in the first place.

 

[j082736]

I have an attorney, the same one that handled the property closing when I bought the place. I meet with him next week. I'm just anxious to find out what rights I have. I thought this was a place to get help not be criticized. I've been researching on the internet for the last 3 days. I gave this website a shot hoping to find some answers.

 

[Florid-aise]

It's not that I want to deny him complete access to his land. If I let him down the road as is, it only leads to my property. The way the land was originally divided, the access for the 5 other lots behind and around me should be accessed via a road that connects to my existing road, go around behind my property and then to his property. He wants the easy fix, to be able to just walk back and forth across my yard rather than finishing the road to access his property. I won't deny him an easement to reach his property but I do want him to have to create a road (that is shown on the diagram that I obtained from the county records office) to get there and not have the convenience of walking back and forth across my front yard. If the shoe were on the other foot, I wouldn't have bought property with no road access and then expect someone else to pave a road for me in the hopes I could let appraisors and potential buyors walk back and forth across someone else's property because I'm too cheap to put in a road myself. I don't believe my position is an unreasonable one.

To make myself clear. I agree with you. Your position is not an unreasonable one. Which, if you were to understand the subtleties of your question, you would then completely understand exactly why BelizeBreeze told you what the best course of action was to take; and why SeniorJudge, seconded that statement; and concurrance was had by me. This "second" access that your neighbor has to his land...is the key. Which again, is precisely why BB tells you that your "docs" would have to be examined. Documents that cannot be examined here (such a diagrams) for obvious reasons. Make your own decision as how to proceed, but in this instance, rather than being the "agressor" by filing a suit; the better position may be had by letting the other owner "fire the first shot".

I have an attorney, the same one that handled the property closing when I bought the place. I meet with him next week. I'm just anxious to find out what rights I have. I thought this was a place to get help not be criticized. I've been researching on the internet for the last 3 days. I gave this website a shot hoping to find some answers.

Hopefully without me sounding too critical, your attorney really is in the best position (on legal matters and his/her ability to view your documents in person), and I can certainly understand you wanting some advanced info prior to your scheduled meeting...and hey, you searched for answers in that vein...and you got some.

 

[Florid-aise]

Florid-aise,

Your accurate grammar, wide knowledge of law, extensive
vocabulary, and good personality traits present a positive
atmosphere for newcomers here.
These traits that I mentioned which you possess
will undoubtebly pay off some way or another.

Thank You for a compliment, one again undeserved...you are far too kind.