Road easement to access land

[burgerbaron]

What is the name of your state? Montana.
I have as part of a estate 320 acres my wife inherited .This has been in the family since President Wilson. For some reason the guy that controls the road has never given a easement to access the property and as such I guess it is basically landlocked.I told the family member I would try talking to him about it as they have had no luck. It is worth substantially more and we have more than one contact ready to bid on this thing.I am going to offer some type of monetary compensation in the form of giving him some of the acreage,a percent of the sale or cash.But if all of that fails I am totally disabled and this is the only possible way for me to get to it.I am wondering if the American Disability Act would come into effect at all and if so if we could take him to court on it? It seems the laws are a bit old and archaic on this and am thinking with the new thought process the younger legislature members will thinks this is a grievous affront to do this to someone and think it will probably get changed eventually.I would like to make that part of my argument to him.It is not like we are putting in a freeway. We do have a buyer on adjoining land but it is a corner and evidently that is not considered connected.
Ty,
Patrick Novasio

 

[adjusterjack]

I guess it is basically landlocked

It's not "basically" landlocked. It's either landlocked or it isn't.

.I am wondering if the American Disability Act would come into effect at all and if so if we could take him to court on it?

If the property is truly landlocked you should be able to go to court and get an easement by necessity. Your disability wouldn't have anything to do with that.

I suggest you talk to an attorney before you start offering up any money for something you might already have a right to.

 

[burgerbaron]

It's not "basically" landlocked. It's either landlocked or it isn't. Well with the different laws I think I like my term better. Easement by necessity as I read it in Montana is only used rarely and most times it needs to be land that was originally owned by the landowner and them landlocked by them. But thank you for the reply .

 

[HRZ]

UNless your 320 acres was carved out of the lands held by person controlling the road you may be on ultra weak grounds to force him to grant an easement ...you need a much more careful study of the various deed chains and the physical access points . Plus you need to dig into state law ....in some cases one might be required to grant only a very limited easement ...e.g. If seasonally one moved sheep ...the easement might be limited to moving sheep not a roadway for a housing development