Matthews, NC asked in Real Estate Law for New York

Q: Do I have an easement by necessity granting me access to my landlocked property?

The county road used to access my lakefront home doesn’t reach my property line; it ends about halfway through my neighbor’s property, at which point it turns into a private driveway that extends to my property.

The man who built my house over 100 years ago also owned the neighboring parcel, where he built a second house for a relative. He eventually sold the neighboring property, but continued using the driveway to access his now-landlocked home. He died 75 years ago and since then every new owner of my property has used the driveway in the same manner.

As far as I know, there are no formal easements or restrictions in any deeds.

Do I have an easement by necessity to continue using the road via the private driveway on my neighbors property?

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1 Lawyer Answer

A: Q: Do I have an easement by necessity granting me access to my landlocked property?

A. You may have.

Jack

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