Q: Someone knowingly bought a land locked parcel without road access behind my parcel, now wants to sue to make access???
Addendum to orig * details:
The parcel is in the very rural rough Appalachian back hills. In the known last 50 years it hasnt had a dwelling nor vehicle access (i.e. driveway), nor any evidence it ever has. Due to topography there is only a 45' wide part of my yard that could be used and the only flat space we have.
*There was a land locked bank owned parcel without road access that a buyer bought knowing the land locked status. My understanding was that the bank couldn't sell the parcel without deeded public road access. The buyer has asked for use of my property to access his parcel and we declined. The buyer through his lawyer now wants to sue me to excavate a driveway access across my property. This can't be legal??? We live in a rural and poor area of Ohio and most folks here can't afford a huge legal expense, and his lawyer was sure to point out in his letter that this would be a lengthy and expensive legal process if we didn't comply. Any help is appreciated, thank you.
A: Depending on how the parcel became land-locked, an "easement of necessity" might already exist automatically across adjacent lands to access that parcel, because the law does not want parcels to be land-locked. But if you don't agree, the owner of that land-locked parcel would have to go to court to assert that easement, and the court would have to examine the facts and agree to the easement. The court would then issue a judgment affirming the existence of the easement and specify over whose adjacent land that easement is located. So, yes, the owner of that parcel can go to court, and name adjacent land owners as defendants. And if those defendant owners want some say in the outcome, they will have to get attorney to represent them in court. Otherwise, the court will decide without them. Instead of court, an adjacent owner might negotiate an easement at an agreeable price for the land-locked owner to pay, which might be a lower cost to the land-locked owner than going to court and paying an attorney. Use the Find a Lawyer tab to consult a local real estate attorney. If you receive a summons from the court, you will only have 28 days to file an answer to the complaint, or else the land-locked owner could get a default judgment ordering the easement wherever the land-locked owner wants it.
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A: First, just because there is no obvious path to the road does not mean that the property is landlocked. Second, at one time the landlocked parcel was most likely part of a larger parcel through which access was provided. Third, historically how has the property been accessed in the past. Prescriptive easement and easement by necessity cannot be fully discussed until the issues above are explored. Rather than fighting with the landlocked owner you may be able to sell a right of way or easement that you could define both the location and the use.
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