What are my legal rights to landlocked property?

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What are my legal rights to landlocked property?

We bought the property around 1985. A county road runs into the driveway we have been using since we bought the property. The driveway belongs to

someone else. That property has changed hands 4 times. The current owner stopped me from going in. He said he would call the sheriff’s department on me. Also, there is a gate at the beginning of the driveway. All I want is the right to use the drive with my 4-wheeler to get to the our property to hunt.

Asked on November 6, 2018 under Real Estate Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If, as you say, the property is fully landlocked and this driveway is your acces to a country road, you should be able to get an easement (called an "easement by prescription") to allow you to use/access it, but will have to file a lawsuit against the other property owner to get it. Only a court can create an easement against a property owner's will, and you can't get the courts involved without a lawsuit. To explore this option, consult with a real estate attorney.


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