Land Locked/ Right of Passage.

[tysikes95]

I was inherited so many acres of land and some people leased land behind mine but caused them to be land locked. They opened a business and collecting money but not paying on the taxes, while using my families existing gate. Do I have to give them passage in and out or can we charge themTy. to use it? There was no written contract or agreement between the family.

 

[disagreeable]

When you leased them the property it is reasonable to presume you did so allowing access. Did you think they would enter and exit by helicopter?

 

[Michael Wechsler]

You are describing an easement or more specifically, an easement by prescription. You should check with the county clerk's office to see whether any easements have been recorded. If someone creates a situation where they have land locked themselves, it doesn't necessarily mean that you must give them access through your property. You should be careful and act in a timely fashion or continued use could provide them with access which you will not be able to prevent in the future.

 

[mightymoose]

Access to the property is likely on record with the county assessor. They have informal on every parcel.

 

[Michael Wechsler]

Yes - they call it something different in every county. I think in one place they called in "land and records" in one county I had to perform some research. May take a few calls but you'll eventually find the right place.