Cause of Action

[Rooty1]

What is the name of your state (only U.S. law)? Idaho

I have received a threatening letter demanding that I must sign a road maintenance contract (similar to an HOA) and pay money to use a road or be homeless (without the road I am landlocked.)

The person threatening me has no Warranty Deed to the road and cannot legally keep me from using it.

If I file a Motion for Declaratory Judgment and ask the court to force this person to produce a Warranty Deed to prove they own the road or, leave me alone, what would my Cause of Action be?

 

[adjusterjack]

If you are truly landlocked and somebody else's road is your ONLY access, then you might have an easement by necessity.

Read the following general information.

http://www.constitutionaldaily.com/index.php?option=com_content&id=469roperty-easement-by-necessity

Before you do anything, I suggest you consult a real estate attorney ASAP. Initial consultations may be free and a few hundred dollars for a scary looking written response by a lawyer might get these people off your back.

 

[Rooty1]

If you are truly landlocked and somebody else's road is your ONLY access, then you might have an easement by necessity.

Read the following general information.

http://www.constitutionaldaily.com/index.php?option=com_content&id=469roperty-easement-by-necessity

Before you do anything, I suggest you consult a real estate attorney ASAP. Initial consultations may be free and a few hundred dollars for a scary looking written response by a lawyer might get these people off your back.

Thank you adjusterjack. An easement by necessity requires unity of title - that I do not have.

It feels like attempted extortion to me but I see Idaho repealed their extortion statute (?)