What to do if my fiance’ owns a house that is landlocked?

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What to do if my fiance’ owns a house that is landlocked?

We are currently in the process of selling our house. We have located the 2 individuals that own the easement. One individual has signed and the other is in a nursing home with Alzheimer’s.The guys son that is an attorney (who is being a total jerk!) has been asked to review the documents that were sent from the title company. The attorney doesn’t have POW. The guys son that is a doctor that we can’t get in touch with has POW. All 8 of our neighbors have this easement in there title agreement. As this is the only access route to the main road. What can be done and how quickly because we are in the middle of selling and this is the only thing holding us up.

Asked on December 26, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you contact a real estate attorney to assist you in the matter. Since there is a home already built in an alleged landlocked area then presumably there is an implied easement for access under the law or a presciptive easement.

If the one person has signed off on the easement for the property then I would have such recorded as soon as possible in that such sign off may sufficient to allow access via a recorded document for the property without needing another signature.


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