What are my rights regarding landlocked property?

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What are my rights regarding landlocked property?

My grandfather deeded over to me the house I live almost 3 1/2 years ago. He recently passed away and in his Will he left the land behind me to his kids; it is landlocked and they need a right-of-way from me to get to it. However, I don’t feel I should have to give a right-of-way for people going across my property anytime when I have 2 small children who play outside and another on the way.

Asked on November 16, 2013 under Real Estate Law, Mississippi

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Sorry to hear about your grandfather.

The beneficiaries who inherited the landlocked property have a right of ingress and egress (entrance and exit) to and from their property.  They can go to court and obtain an easement by necessity which is the right of way affecting your property.

Although the court will consider your arguments regarding the safety of your children, it is unlikely that you will prevail because the landlocked property owners have a fundamental right to enter and exit their property.  Therefore, the easement by necessity will be granted to those property owners.  You should argue that for the safety of your children, the easement by necessity (right of way) should be as narrow as practical for the safety of your children and to limit the adverse impact on your property.

 

 

 

 

 


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