How can I get an easement if the property owner is deceased and had no heirs?

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How can I get an easement if the property owner is deceased and had no heirs?

I have a landlocked property that abuts a private road easement. The properties on the north side of the road are subject to the easement, properties on the south side do not have easement. I tried to get an easement from the underlying landowner but found out that he had passed away over 20 years ago and no one is legally authorized to sign an easement. Can a judge issue a court order in a case like this?

Asked on March 7, 2017 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, a court can order that an easement be granted in the case of a property that is completely landlocked (no ingress/egress at all, not merely inconvenient or potentially expensive--e.g. to cut a road--access. This can be done via filing a lawsuit in chancery court (a part or division of county court) for the county in which the property is located, naming the person(s) whom you believe own the property and/or the estate (e.g. of the deceased) which would be the owner if the estate was never settled. An action like this much more complex than, say, the typical  small claims case; you are strongly advised to retain an attorney to help you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, a court can order that an easement be granted in the case of a property that is completely landlocked (no ingress/egress at all, not merely inconvenient or potentially expensive--e.g. to cut a road--access. This can be done via filing a lawsuit in chancery court (a part or division of county court) for the county in which the property is located, naming the person(s) whom you believe own the property and/or the estate (e.g. of the deceased) which would be the owner if the estate was never settled. An action like this much more complex than, say, the typical  small claims case; you are strongly advised to retain an attorney to help you.


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