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ingress egress

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char259

Junior Member
What is the name of your state (only U.S. law)? Georgia
There are several parties to this question - I'll try to make it simplier.

Party A and Party B bought land from a common owner back in the 70's.

Party A denied Party B ingress/egress and Party B never pushed it.

Party B's land has changed hands twice since the original purchase. It was left his grandson who recently sold it to the current owner. For clarity I'm still calling the current owner Party B.

Party C (me)

My land borders the east border of Party B and he is suing me for ingress/egress rather than Party A. He has not specified why he chose to sue me instead of Party A.

I can find no documentation of an actual decree of access in either of the original deeds at time of purchase but I strongly believe the access should come from Party A.

We've been to two hearings and because of cost I had to release my attorney.

The company I work for has filed bankruptcy and I had to take a mandatory pay cut last year. This has created a financial nightmare for me... but I now have to write a brief to the judge stating my case. The attorney won't release the files because he hasn't been paid in full. I borrowed $1200 and have paid him that put of a 4,000+ bill.

I''m committed to finishing this but I need help with the brief. Any takers?
 


justalayman

Senior Member
There are several parties to this question -.
I like parties


Party A and Party B bought land from a common owner back in the 70's.
Hey, you must be my neighbor. I have the same parties next to me.

was parcel A and parcel B split from Parcel C? If so, who owned C when it was split?

How has B accessed their property up until now?
 

char259

Junior Member
The original piece of land was owned by a farmer who sold it to the two 'parties'. Party A uses his part as farm land still.... Party B (the first two) never had much to do with the land. Party B (the current owner) wants to build a cabin but can't get in.

So he's suing me. :confused:
 

char259

Junior Member
That is entirely correct. This just came out of nowhere. I get the impression that he thinks I'm an easier target.
 

drewguy

Member
An easier target when there's apparently zero connection between you and his parcel? He's got an idiot for a lawyer . . . unclear whether he might have an action against A, but at least he's got the common ownership point.

BTW, what is he doing for access now?

BTW, you might want to check with the Georgia bar, but I believe that it is not permissible for a lawyer to withhold files for non-payment at least with respect to documents that are relevant to litigation (it's different when they, for example, draw up a will and you refuse to pay for it).
 

char259

Junior Member
He is the idiot. He bought the land sight unseen. The previous owner assured him, "Of course, you have access.". Despite that he's set foot on the land 2 times that I know of since he bought it last spring.

He is using the Land-locked argument to gain access through the court. I have not land-locked him. Party A denied him access. Apparently unlawfully and all I can hope for at this point is that the judge will agree with me on that and force him to allow Party B access.

I need to write a brief to be turned in by this Friday. :(

I will contact my attorney tomorrow to see if there is some way I can at least get copies of the material. thanks.
 

drewguy

Member
Good luck. If the judge has a shred of decency and sense of the law, telling him that you don't know why you're there at all since you never sold him the land nor was it subdivided by a common owner should be reason enough to deny the rather significant step of granting an easement by necessity over your land.
 

154NH773

Senior Member
Kind of late to be asking for help, however; I would write essentially what you have told us, also; in the brief, ask the Judge to dismiss the suit and grant you costs and fees, and request oral argument.

I don't know what your lawyer has in the way of documents, but I think all you might need is your deed, and possibly the predecessor to your deed, to show that your property was never part of the property that created the landlocked parcel. You can get copies of the deeds from the registry (probably a county office).
 

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