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billyn

Junior Member
What is the name of your state?south Carolina
we're purchasing a property through foreclosure due to close in a few days . There is a cloud on the title (no access to property) . The prior owners lived on the property for approximately twenty years (Friends) . The property originally was one large lot which was subdivided before they purchased it and each new lot was sold to different individuals . The neighbors had direct access from the existing roadway the lot in question did not but there was an easement from the existing roadway to the river (waterfront property) . There is a small strip of land (approximately two to five feet ) between the edge of the easement and the property line . There's a chain link fence around the property which was installed by the prior owners with a double drive gate at the driveway which they used as long as they owned the house . They would drive down the easement, turn right crossing the strip of land into their property .

The title company will issue title insurance to the lender But will take exception to matters of access for the owners' policy . I understand that we can approach the neighbor for a written access agreement to cross his property and this will solve the problem ; however , what other options do we have to obtain clear title is should he not grant this agreement so that we will not have trouble selling the property in the future .

Thanks,
Bill
 
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seniorjudge

Senior Member
Q: however , what other options do we have to obtain clear title is should he not grant this agreement so that we will not have trouble selling the property in the future

A: Most states will allow a landlocked person to sue for an easement to get out to the nearest public roadway. You need to hire a good real estate attorney.

Most lenders will not loan on a piece of property that has no access.
 

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