What are my rights regarding landlocked property?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 7 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.

 

 

 

 

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption