Do I have ingress egress rights on a shared private road even if no easement recorded?

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Do I have ingress egress rights on a shared private road even if no easement recorded?

A live at the end of a shared private road where none of the deeds have easements recorded. The road and access has existed for decades but now a neighbor wants to put a fence across the road and is claiming the right.

Asked on May 30, 2019 under Real Estate Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You should, but may have to go to court to vindicate and enforce them. If there is no recorded easement(s), there is presently no right; but if there is no other practical way to get from you home to a public road or vice versa, a court can create an easement "by necessity" to allow access. So if this private road is the only way in/out of your property, if the neighbor tries to block it, you can likely get a court to have him remove the blockage and create an easement.


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