Easement/Landlocked

[Nancy4662]

What is the name of your state?Florida

I have a question concerning the use of an easement, my Grandmother purchased an interior piece of property in 1981 and was granted an easement at that time,her property is a middle parcel of 3 parcels,the easement she is now using has been used for at least 50 years.

The previous Owner has since passed and now the current owner who has owned the property since the 80's has decided that she can no longer use his property to gain access to her property,My question is this: Can he legally stop her from using his property? He has never put up any " No Trespassing " signs, I also found out that he has a buyer for his property and the individual who is interested in his property is also interested in My Grandmothers property but she does not want to sell for the amount He has offered through the Real Estate Agent.

He has harrassed her with telephone calls, and The Family has been sent 2 letters from His Attorney advising the Family to stop using his property to gain access to hers, It is not a Court Order but No one has been able to drive on it since the letters were sent.

If I read the definition of " Landlocked " right then I believe that is what He is attempting to do to my Grandmother, She is 87 years old and can not afford legal representation,I have contacted our NorthWest Florida Legal services and I was advised that they will not even give her a consult until She has submitted an application through their Office to determine if she will be given free Representation.

Any help with this matter is appreciated and I Thank you in advance for your help.

Nancy

[Florid-aise]

Go to this link below, download and print it, and read it. The nifty parts you like, highlight with a highlight pen. The parts that make you smile.

Like the one good one, that says;

"[n]o judicial determination is required to for the landlocked landowner to assert the right to a statutory way of necessity under section 704.01(2)."

or an even better one; "all landowners are on notice of statutory ways of necessity by virtue of 704.01(2)."

[url]http://www.flta.org/sc03-1685.pdf[/url]


Then, take the copy that you have highlighted and send it to the attorney writing your family the letters.

When you write this attorney back, be sure to also say that you are familiar with H & F Land Company v. Panama City-Bay County Airport Authority and Industrial District, 736 So 2d 1167, 1171 (Fla. 1999), that deals with common law ways of necessity.

Mention in your response letter, a thank you to this attorney. The thank you would be for him assisting you in achieving a proscriptive easement. Because his letters to your family telling them to stop using this path, only goes to prove that your family's use of this path, is adverse use; and his letter to your family is the irrefutable proof that your family has been previously using this path. From the bottom of your heart, thank him, because you did not know how you would have proven your family's use of this path otherwise. His letter to your family concedes that issue and that issue is now a moot one.

The last thing that you should inform this attorney, is that section 704.04 Florida Statutes, is the only recourse that he has, and he has no other, so stop writing you and your family these silly letters he has previously written.

If he wants to attempt to stop your use of the path your family has been using all of this time. He can take you to court, and he cannot do anything to deny you access until a court says otherwise.

It is the law.

[nextwife]

Originally Posted by Nancy4662

What is the name of your state?Florida

I have a question concerning the use of an easement, my Grandmother purchased an interior piece of property in 1981 and was granted an easement at that time

Very simple. If she HAS a legal easement (she bought it- I presume she recorded it?), obtain of copy of it from her title records and demand they not interfere with her legal access. Provide them a copy. She only need enforce the right she already purchased.

[HomeGuru]

Read the recorded easement agreement.