Q: Can we be sued if we move into house we r having built. Neighbor says access road to property is his property.
We r having a house built on 2 acres. There are 3 houses on access road to property. Builder says all three houses maintain road and have access to road. The neighbor in front of us says it is his property and he is in an ongoing law suit with county about the road being accessible. Can neighbor sue us if we move in or is it the builders problem to deal with?
A: Hopefully a title search has been done and access has already been clearly established. In cases where there is a shared road, there is normally an easement/road maintenance agreement on record and it will state specifically what owners are responsible for what portion of the maintenance. You would need to review the title search that was done to determine the rights and responsibilities you have regarding access. If you are still unsure, you will need to consult with an attorney. Best of Luck! Jennifer
A:
If the neighbor claims to own e.g. Road and further claims that you donot have rights to use the road you can likely be sued.
I suggest that you consult with a real estate attorney regarding your legal access or alleged lack thereof. You need to have the attorney review your title search and the lawsuit referenced by the neighbor to see what is going on I that case.
In Florida you cannot be landlocked. ie: blocked from accessing your property. However if your access is blocked you will need to sue for an easement. It could be an easement by Prescription or an easement of necessity. One of them will apply and the only issue is how long will the court battle last and how much will it cost. A real estate lawyer in your area can walk you though the process.
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