Does an easement have to be granted in a landlocked property?

[MOlass]

New Mexico: My dad bought property in the eighties in a very remote area in the national forest. (It was a single parcel which used to be a mining claim). The access road goes through private property and the national forest. The ownership of the property has changed and the new owner got angry at my dad and locked access to the road. So the only road leading to my dad's property which he has been using for over 40 years is now locked and we cannot access our property at all. Is this legal? And what can we do? There is no written easement. Thank you.

 

[adjusterjack]

Your Dad needs to sue the property owner and go to court to get a judge to rule that there is an easement by necessity.

 

[quincy]

New Mexico: My dad bought property in the eighties in a very remote area in the national forest. (It was a single parcel which used to be a mining claim). The access road goes through private property and the national forest. The ownership of the property has changed and the new owner got angry at my dad and locked access to the road. So the only road leading to my dad's property which he has been using for over 40 years is now locked and we cannot access our property at all. Is this legal? And what can we do? There is no written easement. Thank you.

If there is in fact no written document (like a deed but which can also include the property sales agreement or mortgage) granting an easement to the landlocked property, I agree with adjusterjack that your dad will either have to go to court for an easement, or your dad potentially could offer to purchase the easement from the new property owner/servient estate.

Unless or until an easement is granted, the new owner of the property is within his rights to block the access road. It should be a temporary block as a court is likely to grant an easement to your dad.

 

[Stephen1]

And this is an example of why one should get any and all easements in writing at the beginning.

 

[quincy]

And this is an example of why one should get any and all easements in writing at the beginning.

If a property sale is through a realtor, odds are better that something as vital as easement rights will be included in any purchase agreement.

 

[MOlass]

Thank you for your reply. You say " your dad will either have to go to court for an easement" and that the court will "likely grant an easement". Does anyone know on what grounds? What is the law in regards to rights for an easement. That's what I am hoping to get opinions on by posting here. Thanks again

 

[Zigner]

Thank you for your reply. You say " your dad will either have to go to court for an easement" and that the court will "likely grant an easement". Does anyone know on what grounds? What is the law in regards to rights for an easement. That's what I am hoping to get opinions on by posting here. Thanks again

Your dad is going to want to speak to an attorney about this. It's not going to be a DIY matter, and the attorney will be able to answer all his questions based on the specific facts of the matter.

 

[quincy]

Thank you for your reply. You say " your dad will either have to go to court for an easement" and that the court will "likely grant an easement". Does anyone know on what grounds? What is the law in regards to rights for an easement. That's what I am hoping to get opinions on by posting here. Thanks again

Grounds for granting an easement? Necessity. The property is landlocked and cannot be accessed without the easement.

 

[MOlass]

Hi. And would that be a federal, state or local statute? Thank you

 

[doucar]

Common law or state law.

 

[quincy]

Hi. And would that be a federal, state or local statute? Thank you

State.

https://law.justia.com/codes/new-mexico/2020/chapter-47/article-1/section-47-1-4/