• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Property rights

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tschey

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

We have property that runs between to other peices of property that is in the process of being sold. There is no legal description that states our property is an easment or shared property. Can the new owners use our private property to put in a septic system or for driveway purposes?
 


justalayman

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

We have property that runs between to other peices of property that is in the process of being sold. There is no legal description that states our property is an easment or shared property. Can the new owners use our private property to put in a septic system or for driveway purposes?
first, an easement is often not in any legal description. It would often be found in the deed itself. SOmetimes there is only a reference in the deed even that speaks to some other source. A grant is often written without a property changing ownership so the "grant" is written and recorded and attached to the deed. In subsequent transfers, the grant is often referred to as "and other records of encumbrances, easements, and leins" (as well as many other forms of encumbering a property) or anything similar that would merely direct one that there may be other things that do not allow a totally unencumbered title to the property.

As to the actual question; unless there is an easement that allows either of the actions or you allow it, no, they have no rights to use the property in any fashion, including a Sunday stroll, UNLESS they have some right to claim either adverse possession of a prescriptive easement. With that, they would have to go to court to file suit (and win) to quiet title before being able to take either of the actions, legally.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top