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If only dat does ease de stress eh. It will only cause yuh more grief.VexXx Dogg wrote:lawyer? pfft, this can be solved very quickly via gilpin
You are talking about easement by prescription - that is entirely unnecessary in this instance. It is also not advised. There would be no description of easement that goes along with either property - that, in and of itself, will likely negatively impact the value of either property because of the threat of future litigation.viedcht wrote:Considering your diagram, If it reaches court, and it can be shown that for an extensive period an easement has been established, even without verbal or written consent (negligence of the opposing party) the magistrate will allow some leeway; either permanently, or, temporarily so a separate access may be established/built etc.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.
androidwiz wrote:ProtonPowder wrote:Talk to a lawyer, especially ones that good with property matters.
Hobsons, Daltons, Sellier
Are these good real estate lawyers?
rollingstock wrote:OP ain't giving us the whole story or just chupid.
Your wife has joint ownership at present. No problem for access. Sister asked for property to be placed in her sole name and that will/may bring a problem.
Just leave it jointly in the wife name.
Or is it that the sister is paying off your wife for her share but you all still want to dictate how and where access is granted?
I smell boolsheit.
rollingstock wrote:OP ain't giving us the whole story or just chupid.
Your wife has joint ownership at present. No problem for access. Sister asked for property to be placed in her sole name and that will/may bring a problem.
Just leave it jointly in the wife name.
Or is it that the sister is paying off your wife for her share but you all still want to dictate how and where access is granted?
I smell boolsheit.
#trapPhone Surgeon wrote:Yuh wife is a imps ah wha
Send she by rollingstock to talk some sense into she
Phone Surgeon wrote:organise 3
2 bottle of
[img]https://lh3.googleusercontent.com/proxy/9VzRyiIsP8WAjo-3jA8K35NQzE_nrLu8R08_lg-iwQ276FFYBYEgZGjH1HB5klXazXorvgq809sMCwAKTC3MblRa8dNENqj8o4D5thnhrCItAtovHkbkFaSmup9Q1eIoUX8M[/img]
and 1
and meet me in 5th company moruga at 11:11 pm on the night of the next full moon
we will fix all them problems without any court matter
"talk" yuh say. ASP Stock go "talk" tuh shePhone Surgeon wrote:Yuh wife is a imps ah wha
Send she by rollingstock to talk some sense into she
SR wrote:Once the wife doesnt sign ANY document the sister can throw she frame. Legally she cannot do anything.
The sisters could apply to subdivide the property.
Pay for valuation
Pay for surveyer and submit documents to town and country for subdivision.
Separate deeds for the now 2 properties and the sister can then apply to town and country for approval to build the apartments. In the subdivision road access must be shown for it to be approved.
Bad Dog wrote:Logic:
Your wife owns the property jointly with her sister.
Sister want sole ownership of the property to grant your wife access to the property.
Sister is asking your wife to give up what she has to get what she has.
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