what can i do about denied access to my land

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what can i do about denied access to my land

I have property that is next to my ex in-laws we have shared the driveway until the divorce then they put up a gate at the end of the drive way and refuse to allow me to use it. the top of the drive way is my property and they use it as well as have a water line on my property. what can I do at this point I am trying to sell the land but they tell all buyers that the bank owns my land not true and that I have no right to the driveway? if I cut a new road it will cut off access to there house and cut the water lines they have in place.

Asked on January 23, 2017 under Real Estate Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) You can go to court to get an "easement," or court ordered perpetual (e.g. transfers to buyers) right to use their driveway to access your land. You will have to show there is no other real option, though: you can't get an easement just because its more convenient or less costly for you, but only because there is no other effective way to get to your land
2) You can deny them use of that part of the driveway on your property unless and until they will agree to let you use the part on their land; if you can work it out with them, go to a lawyer to have mutual easements (giving each home the right to access that part of the driveway on the other's land) drawn up and filed.
3) They have no right to tell others that your land is owned by the bank when it is not: that is defamation (stating untrue facts that damaged your reputation); and if they are scaring off buyers, that is is tortious interference with economic advantage (using illegal means, like defamation, to hurt you economically). You could sue them for these things: you may wish to let them know (or have a lawyer write a letter to them) that if they don't stop, you will sue).


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