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androidwiz wrote:My wife has a joint ownership of a piece of land with her sister including the access road, and everything has been ok for 20 years. Now her sister wants my wife to sign over the property to the sister alone and she says she will give my wife permission to the access road, but we know she wants to cut the road and limit our access. We would like Joint Ownership of the Access Road and give her the rest of land, but she refuses to agree, she wants everything.
Can someone help me or refer a good real estate lawyer. Also if we accept just permission, can she later make changes to the Access Road, this is what we are scared of. Thanks for any advice.
There are private access roads and public access roads.88sins wrote:androidwiz wrote:My wife has a joint ownership of a piece of land with her sister including the access road, and everything has been ok for 20 years. Now her sister wants my wife to sign over the property to the sister alone and she says she will give my wife permission to the access road, but we know she wants to cut the road and limit our access. We would like Joint Ownership of the Access Road and give her the rest of land, but she refuses to agree, she wants everything.
Can someone help me or refer a good real estate lawyer. Also if we accept just permission, can she later make changes to the Access Road, this is what we are scared of. Thanks for any advice.
you can't own an access road, so it's impossible to grant someone access to an access road. you can own a property, and allow persons to walk through your property to access another area, and if that's the case you can allow or terminate their access at any time. Your wife has a house on a piece of land that is accessible by that road, so for the sister to intentionally do anything to the road that would hinder or prohibit either of you from accessing your property would be unlawful.
call 624-8420 to set up an appointment for consultation, & we'll see where it goes from there
androidwiz wrote:Yes The access road is reflected in survey plans
88sins wrote:androidwiz wrote:Yes The access road is reflected in survey plans
it does not belong to her, thus she cannot grant access to or usage of it to anyone.
Rovin wrote:OP try to reason or get a damn good lawyer
long time alot of ppl bought chunks of land with plots 1 in front d other & everybody living nice when their parents alive , yrs go by some chirren get d front part others get d back part & parents eventually die & kids start to bicker about sh1t like access road , boundaries etc ... dunno why ppl does get so greedy alla sudden when their parents gone when they were living good all d time, is like some feel when we dead we go carry d land with we too
That may not be the case. Depending on where it lies will determine your options (if any).androidwiz wrote:88sins wrote:androidwiz wrote:Yes The access road is reflected in survey plans
it does not belong to her, thus she cannot grant access to or usage of it to anyone.
So you are saying that once it is shown in the cadastral as an access road, it does not belong to anyone?
assassin wrote:OP I am not clear why you want access to the road.
Is it that you occupy a separate parcel further in? If this is the case, survey and define the access road as a reserve so she can't block or build on it
Or do u occupy the same parcel that you are gonna sign over and sis say she will allow your continued occupation?
ProtonPowder wrote:Talk to a lawyer, especially ones that good with property matters.
Hobsons, Daltons, Sellier
88sins wrote:androidwiz wrote:My wife has a joint ownership of a piece of land with her sister including the access road, and everything has been ok for 20 years. Now her sister wants my wife to sign over the property to the sister alone and she says she will give my wife permission to the access road, but we know she wants to cut the road and limit our access. We would like Joint Ownership of the Access Road and give her the rest of land, but she refuses to agree, she wants everything.
Can someone help me or refer a good real estate lawyer. Also if we accept just permission, can she later make changes to the Access Road, this is what we are scared of. Thanks for any advice.
you can't own an access road, so it's impossible to grant someone access to an access road. you can own a property, and allow persons to walk through your property to access another area, and if that's the case you can allow or terminate their access at any time. Your wife has a house on a piece of land that is accessible by that road, so for the sister to intentionally do anything to the road that would hinder or prohibit either of you from accessing your property would be unlawful.
call 624-8420 to set up an appointment for consultation, & we'll see where it goes from there
I'd trust this guy to give sound advice, op.88sins wrote:androidwiz wrote:Yes The access road is reflected in survey plans
it does not belong to her, thus she cannot grant access to or usage of it to anyone.
androidwiz wrote:ProtonPowder wrote:Talk to a lawyer, especially ones that good with property matters.
Hobsons, Daltons, Sellier
Are these good real estate lawyers?
Ways to create easements and rights-of-way
Expressly - "granted" or "reserved" in a deed or other legal instrument
Implied - not recorded or explicitly stated, but reflect the practices and customs of use for a property
Prescription – acquired by 20 years use without force, without secrecy and without the oral or written consent of the servient land owner
Necessity - if there was only one access road to a house, the law will not allow the road owner to deny the owner of the property access to their land, if that is the only access available.
androidwiz wrote:assassin wrote:OP I am not clear why you want access to the road.
Is it that you occupy a separate parcel further in? If this is the case, survey and define the access road as a reserve so she can't block or build on it
Or do u occupy the same parcel that you are gonna sign over and sis say she will allow your continued occupation?
The survey had it defined as an access road, but she had a lawyer draw up documents giving her sole ownership to everything including the road, she wants to build apartments on half of the road. She need my wife's signature to proceed, that is why we are seeking advice.
androidwiz wrote:88sins wrote:androidwiz wrote:My wife has a joint ownership of a piece of land with her sister including the access road, and everything has been ok for 20 years. Now her sister wants my wife to sign over the property to the sister alone and she says she will give my wife permission to the access road, but we know she wants to cut the road and limit our access. We would like Joint Ownership of the Access Road and give her the rest of land, but she refuses to agree, she wants everything.
Can someone help me or refer a good real estate lawyer. Also if we accept just permission, can she later make changes to the Access Road, this is what we are scared of. Thanks for any advice.
you can't own an access road, so it's impossible to grant someone access to an access road. you can own a property, and allow persons to walk through your property to access another area, and if that's the case you can allow or terminate their access at any time. Your wife has a house on a piece of land that is accessible by that road, so for the sister to intentionally do anything to the road that would hinder or prohibit either of you from accessing your property would be unlawful.
call 624-8420 to set up an appointment for consultation, & we'll see where it goes from there
So if she is given sole ownership of front land, she can make changes to road as she wish, eg width etc?
androidwiz wrote:88sins wrote:androidwiz wrote:Yes The access road is reflected in survey plans
it does not belong to her, thus she cannot grant access to or usage of it to anyone.
So you are saying that once it is shown in the cadastral as an access road, it does not belong to anyone?
viedcht wrote:I'd trust this guy to give sound advice, op.88sins wrote:androidwiz wrote:Yes The access road is reflected in survey plans
it does not belong to her, thus she cannot grant access to or usage of it to anyone.
As I have seen, access roads already established/any easement given prior will be upheld in court if it comes to that. Magistrates will cite legal jargon (unreasonable badmindedness) etc. Get legitimate legal advice, op. And good luck.
androidwiz wrote:My wife has a joint ownership of a piece of land with her sister including the access road, and everything has been ok for 20 years. Now her sister wants my wife to sign over the property to the sister alone and she says she will give my wife permission to the access road, but we know she wants to cut the road and limit our access. We would like Joint Ownership of the Access Road and give her the rest of land, but she refuses to agree, she wants everything.
Can someone help me or refer a good real estate lawyer. Also if we accept just permission, can she later make changes to the Access Road, this is what we are scared of. Thanks for any advice.
adnj wrote:viedcht wrote:I'd trust this guy to give sound advice, op.88sins wrote:androidwiz wrote:Yes The access road is reflected in survey plans
it does not belong to her, thus she cannot grant access to or usage of it to anyone.
As I have seen, access roads already established/any easement given prior will be upheld in court if it comes to that. Magistrates will cite legal jargon (unreasonable badmindedness) etc. Get legitimate legal advice, op. And good luck.
The correct answer depends on how the existing deed was drafted. If there is are conjoined properties, then you separate.
A deed should be drawn to transfer the property in its entirety with the inclusion of an easement appurtenant that provides the exact description of the use, width, location, and condition of the access.
The agreement will typically include a description of who is responsible for paving, mowing, etc., also. Conditions of closure, such as fencing and gates, whether parking is allowed, etc., should also be included.
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