If my property is completly surrounded by someone else’s property, is it possible for them to legally cut off access to my home?

Asked on October 16, 2011 under Real Estate Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have had access to your proeprty in the past, then most likely there is an easement of record allowing access to your landlocked parcel. If not, then perhaps there has arisen a prescriptive easement for access to your parcel or as a matter of law an implied easement has arisen for access purposes.

Most likely access to your parcel cannot be legally cut off by your neighbor. If this has happened you need to order a preliminary report concerning your parcel and the neighbor's parcel to ascertain if there is an easement of record allowing access to your parcel.

Additionally, you should consult with an experienced real estate attorney who does easement work about this situation.

Good luck.


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