What are the chances/costs of a new owner obtaining an easement to a lot that becomes landlocked when it is sold?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are the chances/costs of a new owner obtaining an easement to a lot that becomes landlocked when it is sold?

I have a lot which fronts a private lane; I’ve been using this lane for ingress and egress from the lot for 16 years. (The lot is in back of my improved lot.) When I sell the lot, it would become landlocked. What are the chances of a new owner obtaining a written easement? (The owner of the lane does not want anyone to use the lane. The owner of the lane has been an owner since 2002, 9 years.) The state is NY.

Asked on February 19, 2011 under Real Estate Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So you basically purchased a lot of land without a written easement of any sort in your deed, correct?  Are you sure?  You need to speak with a real estate attorney in your area as soon as you possibly can.  There are certain instances under the law where an implied easement can be recognized. But I think that you are going to have to bring some sort of suit against the land owner as to same or have the attorney negotiate some sort of deal to give you a right or way.  You may have to pay for that right but look at it this way: your lot may be worthless without it. Good luck to you.


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