Land Locked

jmcgarrah11 · #1 10-21-2008, 01:13 PM

What is the name of your state (only U.S. law)? Arkansas

I have a piece of land that I have to cross someone's land to get to. I have owned the place and used that road for 22 years. I never had an easment, but never had a problem untill now. Someone bought the land that joined mine and leased the land with the road on it, which is the only way to my place, about a year ago. He is going to put a gate up and lock me and my family out of our place and the other land owner that uses that road to get to theirs. My dad tried to get an easment from the owner of the road, but he said that he would have to ger permission from the guy that has it leased, who will not give us permission. We have been using that road for 22 years and now somebody that has owned that land for about 1 year is trying to lock everybody out and probably use our land since we have no way to get to it. Is there any laws saying that he cannot deny us access to our land? What would happen if we kept using the road, and cut the lock on the gate that he is about to put up? I forgot to mention that he also has posted signs up so would it be trespassing for us to use that road?

HuAi · #2 10-21-2008, 03:21 PM

Have you tried to offer the new owner money for an easement?

You could also contact an attorney - you most likely have a case for a perscriptive easement. This will probably cost you more than outright purchasing and easement, and take longer.

jmcgarrah11 · #3 10-21-2008, 04:06 PM

My dad talked to the owner of the road about an easment and said that he would have to get permission from the guy that he is leasing it to. The guy that is leasing it is a complete a-hole and is trying to lock out the two other land owners that use that road. The guy that owns the road and the guy that is leasing it are related somehow and are probably working together to take over the whole mountain. I have been told that it is against federal law to land lock somebody and I am trying to figure out the civil and legal way to deal with this jack ass.

HuAi · #4 10-21-2008, 04:24 PM

You'll have to hire a lawyer, file a suit for perscriptive easement. The suit may take you months or years and cost thousands. Try to get the owners contact info from the lessee and talk to him directly about money for easement.

jmcgarrah11 · #5 10-21-2008, 04:29 PM

Ok. Thanks.

seniorjudge · #6 10-21-2008, 04:44 PM

Quote:

Originally Posted by HuAi

You'll have to hire a lawyer, file a suit for perscriptive easement. The suit may take you months or years and cost thousands. Try to get the owners contact info from the lessee and talk to him directly about money for easement.

I agree (except the term is prescriptive easement.)

nextwife · #7 10-21-2008, 07:57 PM

How did it GET landlocked?

jmcgarrah11 · #8 10-22-2008, 05:48 PM

The guy that is leasing the land, with the road that we use to get to our place, has already started to put a gate up and lock us out from using the driveway.

seniorjudge · #9 10-22-2008, 05:50 PM

Quote:

Originally Posted by jmcgarrah11

The guy that is leasing the land, with the road that we use to get to our place, has already started to put a gate up and lock us out from using the driveway.

That is not "landlocked".

That term means the land does not have access to a roadway.

jmcgarrah11 · #10 10-22-2008, 05:58 PM

I'm sorry for the terminology. I am new to this. I told some people what was going on and that is what they called it. So the only way I can get to my place is to get an easement from the land owner? Since it is posted now would it be trespassing?

nextwife · #11 10-22-2008, 08:55 PM

Ok, go back to your title policy: How did you acquire a property without legal access? Or, did you sell off your access and fail to retain a legal access? How did this parcel lose access? Have you carefully reviewed your title report to see if you have any ingress provided? Did you finance your purchase? How did your lender agree to lend with no access?

jmcgarrah11 · #12 10-23-2008, 09:34 PM

I don't have any of those answers. My dad bought the place in 1986, I was 2, and just a few months ago he had it put in mine and my brother's name. I don't know how we have been using it for so long and never had a problem untill now. The road has changed hands a couple of times. The other pieces of land were not used much and we had a good relationship with the other owners, and now this jack ass bought some land around there and now he thinks he is the king of the mountain. I have been told that if you have used the same road for over 7 years that you have a legal right of way to it. I think that is just a law for Arkansas and maybe some other states.

nextwife · #13 10-24-2008, 08:48 AM

Start by ordering a title report so you actually KNOW what you do and don't have, legally.

You have no clue whether you have any easements that allow access or not.

jmcgarrah11 · #14 10-24-2008, 01:32 PM

How do I go about doing that?

nextwife · #15 10-25-2008, 07:40 PM

Call a title insurance company that services your county and price it out - tell them you need copies of all the easement and restriction documents that apply to your legal description.