Apopka, FL asked in Land Use & Zoning and Real Estate Law for Florida

Q: If you have had your drive way for 26 yrs only access to land can it be taken away? The Driveway that is?!

I have land that the only accessible way is a driveway through person I bought land from. They are selling 16.5 acres around me and say that I need to find a new driveway! There is no other way the right of way goes through swamp land and St. John's River management said we could NOT put a driveway through the Cypress stumps in swamp. So the owner let us make a driveway about 25-30 feet from original right of way to have access. Now they say I don't have a driveway to get to property I have spent between $19,000-20,000 on my driveway! Can you tell me what I should try?

1 Lawyer Answer
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Real Estate Law Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: The short answer is Florida law does not allow a property to be landlocked. You will be able to access your property legally. I suggest that you need to speak with a real estate attorney in your area to discuss the specific details of this case. I suggest that you will be better off to get counsel now before the neighbor sells the land to protect your rights.

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