does home owner have the right to have a way to in and out of his lot?
he has been using his sister drive way for years to not cause trouble to nieghbors and has had his other entry way blocked by a home that was built with no inspection does he have the right for a street that was suppose to be there when he bought the property 35years ago this is in rural area no inspection no survey was required i guess back then.
he has been told there is nothing on map he has been paying taxes all this time. is there any kind of law that should be a right of way it is not a long area of street to be made it is about 25 feet to his home all easements looks to be blocked or built on his sister is about to sell land looks like he will have to fly in. he really needs help is not financialy able to hire a lawer he 74 years old
December 19th, 2009 at 7:07 pm
That might present a problem for his sister, legally, as well as whom ever she sells to, rather than his neighbor on the other side. Since both he and his sister have been sharing use of a driveway for much time.
December 19th, 2009 at 7:07 pm
Does this homeowner have clear title to his property? Before he does anything, he needs to be certain of that because if he starts something and he doesn’t really own the property, he could be kicked off the land and homeless.
If he has clear title, then there are several ways to proceed, but by far the best way is to involve an attorney. This man should call his local bar association, tell them that he is elderly and unable to afford legal help, and ask them to refer him to someone who does pro bono work.
December 19th, 2009 at 7:07 pm
Yes, he has a legal right to a way in and out. Reasonable people wouldn’t even think about disputing that, but my experience with neighbors is that three out of four are creeps.
December 19th, 2009 at 7:07 pm
What he has is called an easement of right, sometimes called an easement of necessity.