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Ingress egress easement

Discussion in 'Easements & Right of Way Law' started by stringer, Sep 3, 2018.

  1. stringer

    stringer Law Topic Starter New Member

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    Jurisdiction:
    Florida
    I have a house in Orange county Florida. My access to the street is across my neighbors front yard. This property was owned by my mother and father until my father passed away. My father granted me access to the entire front yard to gain access to the street as the yard slopes down away from the house and in the rainy season the earth washes away in the low spots and as the driveway becomes impassable we would drive closer to the house to get to higher ground that could be driven on. We have been driving across the front yard for more than twenty years and have brought fill dirt in to maintain the driveway. I am no longer on speaking terms with my mother who I believes still owns the property and I do not know how to contact her or where she is at. People are living at the property and have begun parking their cars so as to block my access and force all traffic to drive through the low parts that are now washing out. On my last communication with my mother who still owns the property I provided her with a sketch and description of where an access easement could be further out from her house. I asked her to review it and have it recorded in the public record so that I can bring road base in and maintain the drive. That was more than a year ago. She has not contacted me and there has been nothing recorded with the comptrollers office. My driveway is washing out and will soon become impassable. Something needs to be done quickly because I will not be able to enter or leave the property and emergency vehicles like ambulances and firetrucks will not be able to gain access either. How should I proceed? What should I do? Can I bring material in to fill the driveway or do I need some kind of court order first? Please help.
     
  2. army judge

    army judge Super Moderator

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    You might first wish to discuss the matter with a local attorney.


    Nothing until you have discussed this matter with an attorney, who will probably tell you to have a survey of your property boundaries conducted before you consider any other actions.


    I suppose you could, but that might create bigger and more expensive legal issues for you, perhaps criminal charges.

    It is rarely a wise thing when a person chooses to perform a self help remedy.

    It is also unwise to solicit advice from people you know nothing about.

    Again, I suggest you discuss this matter with an attorney practicing law in your county.

    By the way, your mother, nor is any other person REQUIRED to respond to any communication or overture you make.

    Heck, people have the right to ignore the FBI, so ignoring you is entirely appropriate.
     

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