wilsonyahalam
Junior Member
What is the name of your state (only U.S. law)? Idaho
HI, I have a question.
1. The property owner split a 7-8 acre property and had it surveyed, included in the survey is a drafting and description of the "35' access easement", across the subservient property. (the front part) At the time of the survey and recording of the survey, the same owner had title to the subservient (front) and the dominant (back) sides. There is no legal access to the back property without going across the front.
2. The title owner then borrowed money on the dominant property (back property), but never officially deeded the easement (For no discovered reason but probably because of no necessity existed since she owned both sides).
3. She then defaulted on the dominant side loan and lost the back property
4. She retained the subservient property and ( it is unknown whether it is with or without good faith) later passed title allegedly to a relative.
5. The bank is now selling the dominant property at auction no reserve. Disclosing that there is an adversarial situation which may not be resolvable except by lawsuit and there may not be a legal ingress-egress easement.
6. The property was developed in 2007 so 5 years is not up for an adverse possession.
7. The new subservient property owner put trucks, piles of metal, and no trespassing signs on the existing gravel driveway that was built specifically for the dominant property since the foreclosure and let theneighbors know that they will call sheriff and file trespassing charges if anyone trespasses on the (alleged) easement.
So my question is, since the access easement was recorded by the surveyor, when the same owner had both sides for the easement, and same owner paid for the easement survey and recording, and there is no way for an innocent 3rd party to not know that an easement exist since the survey document is recorded and public knowledge, is there a right to use the easement or could the subservient actually perfect a trespassing challenge and force a property with a house to remain landlocked ?
Thanks!
HI, I have a question.
1. The property owner split a 7-8 acre property and had it surveyed, included in the survey is a drafting and description of the "35' access easement", across the subservient property. (the front part) At the time of the survey and recording of the survey, the same owner had title to the subservient (front) and the dominant (back) sides. There is no legal access to the back property without going across the front.
2. The title owner then borrowed money on the dominant property (back property), but never officially deeded the easement (For no discovered reason but probably because of no necessity existed since she owned both sides).
3. She then defaulted on the dominant side loan and lost the back property
4. She retained the subservient property and ( it is unknown whether it is with or without good faith) later passed title allegedly to a relative.
5. The bank is now selling the dominant property at auction no reserve. Disclosing that there is an adversarial situation which may not be resolvable except by lawsuit and there may not be a legal ingress-egress easement.
6. The property was developed in 2007 so 5 years is not up for an adverse possession.
7. The new subservient property owner put trucks, piles of metal, and no trespassing signs on the existing gravel driveway that was built specifically for the dominant property since the foreclosure and let theneighbors know that they will call sheriff and file trespassing charges if anyone trespasses on the (alleged) easement.
So my question is, since the access easement was recorded by the surveyor, when the same owner had both sides for the easement, and same owner paid for the easement survey and recording, and there is no way for an innocent 3rd party to not know that an easement exist since the survey document is recorded and public knowledge, is there a right to use the easement or could the subservient actually perfect a trespassing challenge and force a property with a house to remain landlocked ?
Thanks!