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No easement for new buyer--can anything be done or are laws meaningless?

Discussion in 'Easements & Right of Way Law' started by jibs, Nov 4, 2022.

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  1. jibs

    jibs Law Topic Starter New Member

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    Jurisdiction:
    Montana
    I live in an older rural subdivision (no covenents, no road maintenance, etc.). I and a few others here have legally recorded easements through private property, through a State section, and on the roads in the subdivision to our properties. However, someone has just bought several lots that have no subdivision easements. The subdivision developer years ago "forgot" to give himself easements for the lots he kept. They have remained vacant. However, he has sold them ("as is") to an outfitter who plans to bulldoze the lots and run hunting operations from them.

    Is it possible to stop him from accessing his property without my spending a ton of money on a legal fight? The law says he has no access--so how does that get imposed?

    My property is not directly impacted but the rest of us play by the rules. Can this for-profit business person just ignore them?
     
  2. army judge

    army judge Super Moderator

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    I suggest you consult a few MT licensed attorneys in an effort to hire one to protect your interests.

    Your issue is far too important to you for you to seek FREE information from UNKNOWN to you entities or persons.
     
  3. zddoodah

    zddoodah Well-Known Member

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    I assume that these "several lots" are not on the "private property" you mentioned. Also, what is the purpose of the easements you mentioned? Ingress/egress or something else? Last, what does "subdivision easements" mean as compared to the easements that you "and a few others have"?

    Why do you have the word "forgot" in quotation marks? Have you spoken with this person?

    I assume "him" refers to the "outfitter" (whatever "outfitter" means) who bought the property. Correct?

    Regardless, you haven't provided any information about the various properties at issue such that anyone here could possibly know what is or isn't possible in this regard.

    I don't understand this. Also, what law "says he has no access"?

    Then why do you care? Also, when you say that your "property is not directly impacted," are you implying that there is some sort of indirect impact? If so, what does that mean?

    Depends on what "rules" you're talking about and whether the persons who are impacted are willing to take whatever action is appropriate.

    Before posting further, I suggest you read a little bit about easements by necessity.
     
  4. jibs

    jibs Law Topic Starter New Member

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    I am FAR more knowledgeable about Montana easement law than you will ever be, clearly.
     
  5. army judge

    army judge Super Moderator

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    Please refrain from being anything other than civil, thank you.
     
    justblue likes this.
  6. adjusterjack

    adjusterjack Super Moderator

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    Then you have no need of our help.

    Thread closed.
     
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