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Right of way and easements

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sbd5251

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

I have a neighbor whose property is landlocked and has no driveway. He recently cut his timber and received permission from two other landowners for the log trucks to cross their property to get to his property. Now he has sued me for an easement for a driveway to his property. Could someone tell me if he can do this legally or does the easements he received from the other property owners save me from giving him access to his property. The land owner wants down the center of my property.
 


FarmerJ

Senior Member
When people own land that is landlocked and they take a adjoining owner to court asking for the court to grant them a easement the first thing they will do is target the property that gives them the easiest access. It doesnt mean they will win a easement the other thing too is how deep are the nieghbors pockets? its going to take money to bring on this kind of civil suit. So what you can and should consider doing first no way around it is to speak to a real estate atty , what you want to discuss with the atty is what it would cost for you to offer a well written easement to the nieghbor , you want to spell out how it will be used, like say single family home only , commercial traffic created by business use of the property, you want to know how wide it must be to meet your county rules for access, you want to have it run down one side of your land so it does not interfere with your use and is out of the way and if it is to be exclusive use meaning you will have your own driveway then it needs to be written clearly so they have to pay for maint of this strip and have written consent to maintain it each time something is done. it can be written to expire with in a set time of a city/county /twp road being created that serves it too, You also want to know what the cost would be to provide the easement since nieghbor would have to pay for the legal cost if they are going to benefit from it. LAST learn what the legal cost would be to sell a strip of land off to the side of your land so then its no longer your mess to deal with since they would own it. Then talk to the atty about sending the proposals on your behalf to the nieghbor. WHY because the landlocked owner will look real foolish in court if they sue you for easement after you show the court what you & atty offered. I can actually see a court denying the nieghbor if reasonable offers for easement are on the table and they reject them. I know its a pain to spend money like this BUT one of the adjacent owners if taken to court is going to have a easement imposed on them like it or not, the others who granted easement might have only done it on a limited basis. I am very curious though how this property was even bought with out access to start with . So talk to a atty about your options now before this party takes any court action , ( best deal would be for him to pay all legal expenses and buy a strip of land from you off the side of yours, even if he has to improve it in order to have a access it will be his and then there is no legal hassle later since he would own it)
 

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