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someone bulldozed 100 yr old road landlocking someone

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fredwd4nng

Junior Member
Kentucky

A friend's land borders what was a 100 year old road that has been bulldozed away along with boundary markers by another landowner effectively landlocking one of his neighbors. My friend has aerial photos clearly showing the old raod and when 'bulldozer-man' is approached he simply tells them to call his lawyer.
They have asked area judges and attorneys but the only advice they get is to hire an attorney and it is my understanding the landlocked gentleman can't easily afford one.
I have no dog in the race except I feel sorry for the landlocked gentleman and would like to see justice done without him being out a lot of money fixing a problem that should never have happened in the first place.
I asked a retired attorney friend of mine for advice and he was infuriated at this and said he definately has a case.
Any help will be appreciated.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
He might get some assistance from whatever municipality government there is. I would start there but if rebuffed, he has no real other option than to initiate legal action whether it be on his own or with the assistance of a lawyer.
 

nextwife

Senior Member
He needs to read his title report to see if he has a legal right of use over that road established in the title record that he can enforce. Most title insurance will not be issued unless there is legal access, so if he has title insurance, he likely has LEGAL acces, as opposed to merely having had physical access..
 

justalayman

Senior Member
Most title insurance will not be issued unless there is legal access, so if he has title insurance, he likely has LEGAL acces, as opposed to merely having had physical access..
if he has title insurance, he should simply contact his title insurance provider. Since he is without funds to do much, this might be his best direction. They will at least do an initial review of the situation. If they are on the hook to defend the title, they will bear the costs of doing so.

If they do not cover the issue, they will say that but it is likely he will benefit from the information obtained by the insurer.

In the meantime, he still needs to search for some legal assistance from any source possible.

One source many people fail to realize: law schools. If there is a law school anywhere close, he might contact them. They often offer pro bono services as part of their education for certain types if situations.
 

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