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  1. #1
    jkrussellbutz is offline Junior Member
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    landlocked property

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

    About 15 years ago a portion of my family property was sold. Of 5 acres, two acres and the house were sold, leaving an acre on one side and two acres on the other. The original purchaser(now deceased) allowed access to the one acre plot via an existing driveway. Three quarters of the drive was on the sold property and one quarter remained with the acre. When she sold the property the new owner built a fence down the driveway six inches onto her side of the drive and denies access to my property. This fence has been up for two years. I have been driving onto the property by circumventing the fence and crossing a narrow corner of another neighbors property. There is no house on the property. Now she and the other neighbor have joined forces and say I cannot drive onto my property. Only an narrow angle of neighbors property is crossed and there is a county road right of way in front. How can I regain access to my property?
  2. #2
    Ozark_Sophist is offline Senior Member
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    Talk to a local real estate attorney.
  3. #3
    nextwife is offline Senior Member
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    Quote Originally Posted by jkrussellbutz View Post
    What is the name of your state (only U.S. law)? Alabama

    About 15 years ago a portion of my family property was sold. Of 5 acres, two acres and the house were sold, leaving an acre on one side and two acres on the other. The original purchaser(now deceased) allowed access to the one acre plot via an existing driveway. Three quarters of the drive was on the sold property and one quarter remained with the acre. When she sold the property the new owner built a fence down the driveway six inches onto her side of the drive and denies access to my property. This fence has been up for two years. I have been driving onto the property by circumventing the fence and crossing a narrow corner of another neighbors property. There is no house on the property. Now she and the other neighbor have joined forces and say I cannot drive onto my property. Only an narrow angle of neighbors property is crossed and there is a county road right of way in front. How can I regain access to my property?
    Why didn't the family retain an access easement when they sold that piece off? Have you before or since offered a fair price to buy an access easement from them? Or have you offered the party on the other side a fair price to obtain an easement from them?

    It appears that the reason it has become landlocked is the family choice to sell off the piece that allowed access, while failing to retain any legal access when doing so.
  4. #4
    TheGeekess is offline Senior Member
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    I don't think they can create a landlocked property in the state of Alabama.

    Section 18-3-1
    Acquisition; width.
    The owner of any tract or body of land, no part of which tract or body of land is adjacent or contiguous to any public road or highway, shall have and may acquire a convenient right-of-way, not exceeding in width 30 feet, over the lands intervening and lying between such tract or body of land and the public road nearest or most convenient thereto provided written approval is obtained from the municipal government and the planning board of such municipality.

    (Acts 1919, No. 679, p. 982; Code 1923, 7529; Code 1940, T. 19, 56; Acts 1957, No. 537, p. 759; Acts 1982, 2nd Ex. Sess., No. 82-784, p. 288.)
    [url=http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/18-3-1.htm]Section 18-3-1[/url]

    Section 18-3-2
    Right-of-way through yard, garden, orchard, etc.; payment of compensation and damages for right-of-way.
    In the establishment and condemnation of such right-of-way, no road or right-of-way shall be established through any person's yard, garden, orchard, stable lot, stable, gin house or curtilage without the consent of the owner; and the applicant must pay the owner for the value of the land taken and compensation for damage to the land, through which said right-of-way is established, resulting from the establishment of such road or right-of-way.

    (Acts 1919, No. 679, p. 982; Code 1923, 7530; Code 1940, T. 19, 57.)
    [url=http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/18-3-2.htm]Section 18-3-2[/url]

    Section 18-3-3
    Application to probate court.
    The right conferred by this article shall be exercised by application to the probate court of the county in which the lands over which such right-of-way is desired, or a material portion thereof are situated, and the same proceedings shall be had as in cases of condemnation of lands for public uses as provided by Chapter 1 of this title.

    (Acts 1919, No. 679, p. 982; Code 1923, 7531; Code 1940, T. 19, 58.)
    [url=http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/18-3-3.htm]Section 18-3-3[/url]

    Have a little case law, while you're at it....
    [url]http://www.bradleyarant.com/publications_opinions.php?ID=4548[/url]
    "William M. Key and Brandy D. Key ("the Keys") appeal from a judgment declaring a right-of-way across their land in favor of Donald E. Ellis,
    Gary Ellis, John Ellis, Glenn Ellis, and Sharon Ellis Laird ("the Ellises"), the owners of an adjoining tract of land.
    The Keys argue on appeal that the Ellises failed to obtain municipal approval for the right-of-way as required by
    18-3-1. However, the land at issue in this case is located in an unincorporated part of Blount County and does not fall
    within the jurisdiction of any municipality. Regardless, the record does not show that the Keys raised this argument below.
    Because we cannot consider arguments made for the first time on appeal, we will not address this issue. See
    Andrews v. Merritt Oil Co., 612 So. 2d 409, 410 (Ala. 1992); Schiesz v. Schiesz, 941 So. 2d 279, 290 (Ala. Civ. App. 2006)."
    Last edited by TheGeekess; 02-22-2009 at 08:08 PM.

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