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is there a land lock law

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vcwren

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

i have a piece of property that is land locked. what are my options to obtain legal access to this property. also, this land has a running creek on it. where do i look to find regulations for building a bridge across it.What is the name of your state (only U.S. law)?
 


DAD10

Registered User
Re Your options for being Land Locked

An easement is created by implication when a parcel of land is divided and an easement is necessary to access one of the new parcels, or when the dividers clearly intended for an easement to exist. An implied easement is not written down in a deed or other document.

As a rule, an implied easement can only arise when a tract of land was originally held by one owner and was then divided into two or more parcels.

An easement is created by estoppel when an owner’s words or actions lead another person to believe in the existence of an easement, causing the second person to act accordingly. The owner is then estopped, or prevented, from disclaiming the easement due to his or her previous actions or words.

For example, if Ken has invited his neighbors to walk across his property to access the lake that his property borders, he is estopped from later prohibiting them to use the easement.

An easement may be created by prescription when a person makes open and notorious use of another’s property without the permission of the owner for a prescribed period of time.

It must be adverse, under a claim of right, continuous and uninterrupted, open and notorious, exclusive, with the knowledge and acquiescence of the owner of the servient tenement, and must continue for the full prescriptive period.

Another way is by express agreement when a property owner grants another person the right to enter or use the property in a deed or other written document (Example: asking Ken for an easement)
 

drewguy

Member
An easement is created by estoppel when an owner’s words or actions lead another person to believe in the existence of an easement, causing the second person to act accordingly. The owner is then estopped, or prevented, from disclaiming the easement due to his or her previous actions or words.

For example, if Ken has invited his neighbors to walk across his property to access the lake that his property borders, he is estopped from later prohibiting them to use the easement.
This is not an accurate description of easement by estoppel. It requires inducement and reliance as well. That is, if Ken sold some property to his neighbors and told them there was a path to the lake across his property, and they relied on that representation in purchasing the property, he would not be allowed to deny use of the path. What you have stated simply is permissive use, and may be revoked at any time.
 

DAD10

Registered User
It was an example is this case-the parcel has been sold. Easements can be created by:

• express agreement

• implication

• estoppel

• prescription


But you are correct.
 
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DAD10

Registered User
In the next few months -I will be moving -hopefully there will only exist easements in gross:)
 

154NH773

Senior Member
where do i look to find regulations for building a bridge across it
Start with your local zoning ordinance and zoning enforcement officials. They should be able to tell you if the bridge will require a building permit, and if any State regulations may apply.

As to the land locked issue, I would consult with a local attorney. Any such claim will require some history and title research.
 

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