Access To My Property

[Chile]

I have two 100' waterfront lots with lovely views. Because of a very steep bank off the road, I had convinced my neighbor that I should install a road which cuts across my two lots and ends up in his lot. Now there is access to all three lots and the road looked very good to both of us (it cost me $10,000). The understanding between us is that I would finish the road (it now just ends at the top of the bank, at his lot), after we took a good look at how it should best be completed, and upon completion, we would make an easement on it. However, before we could mutually agree upon a route to finish the road and before I could finish the road from his lot into my lots, he has sold his lot to someone else who for reason of privacy wants to put in his own road to serve his property and not allow me to have access to my property over the road that I had installed. Because the bank is so steep, I will not be able to access my property. Do I have any legal right to an access/easement to my property over the existing road?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Chile:
I have two 100' waterfront lots with lovely views. Because of a very steep bank off the road, I had convinced my neighbor that I should install a road which cuts across my two lots and ends up in his lot. Now there is access to all three lots and the road looked very good to both of us (it cost me $10,000). The understanding between us is that I would finish the road (it now just ends at the top of the bank, at his lot), after we took a good look at how it should best be completed, and upon completion, we would make an easement on it. However, before we could mutually agree upon a route to finish the road and before I could finish the road from his lot into my lots, he has sold his lot to someone else who for reason of privacy wants to put in his own road to serve his property and not allow me to have access to my property over the road that I had installed. Because the bank is so steep, I will not be able to access my property. Do I have any legal right to an access/easement to my property over the existing road?<HR></BLOCKQUOTE>

You made a mistake of not getting the easement recorded before you started the roadwork. As you know, the easement would be in your favor. Now it appears you are landlocked. By right a property owner can not be landlocked. Is it possible to cut the steep bank? If you are totally landlocked there may be a way to sue to force the neighbor to give an easement. When you bought the 2 lots, did you check to see if there was proper access to the lots from the road?