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Access Road to my House question

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viedcht
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Re: Access Road to my House question

Postby viedcht » May 6th, 2021, 7:52 am

VexXx Dogg wrote:lawyer? pfft, this can be solved very quickly via gilpin
Image
If only dat does ease de stress eh. It will only cause yuh more grief.

adnj
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Re: Access Road to my House question

Postby adnj » May 6th, 2021, 10:09 am

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:
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.
I'd trust this guy to give sound advice, op.

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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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.

A new deed must be executed to transfer ownership from two party to single party. It is at that time that the easement be clearly defined so that the matter is clearly defined and put to bed.

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viedcht
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Re: Access Road to my House question

Postby viedcht » May 6th, 2021, 11:44 am

Okay thanks for the correction... I forgot that the deed was going to be... Adjusted? Redefined? I don't know the terms, I'm not verse in legal stuff, just know folks who are.

Chimera
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Re: Access Road to my House question

Postby Chimera » May 6th, 2021, 12:37 pm

organise 3

Image

2 bottle of

Image

and 1

Image

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

RedVEVO
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Re: Access Road to my House question

Postby RedVEVO » May 6th, 2021, 2:00 pm

androidwiz wrote:
ProtonPowder wrote:Talk to a lawyer, especially ones that good with property matters.

Hobsons, Daltons, Sellier


Are these good real estate lawyers?


No no no .. $$$$$$$$$ spending uselessly :roll:

Just talk to the sister and explain to her that " we are family "

Mother's Day is coming soon :lol:

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rollingstock
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Re: Access Road to my House question

Postby rollingstock » May 6th, 2021, 3:51 pm

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.

pugboy
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Re: Access Road to my House question

Postby pugboy » May 6th, 2021, 4:27 pm

ah, the infamous third side of every story

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.

androidwiz
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Re: Access Road to my House question

Postby androidwiz » May 6th, 2021, 4:31 pm

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.


No sister just wants sole ownership, wife don't want any money, but for sister to leave road as is after she has sole ownership. We built road, cost over $30,000 20 years ago, was a swampland. Only now sister wants sole ownership to built Apartments.
You right I tell her just leave things as it is, but sister already hired a lawyer and drew up docs and she is pressuring my wife to sign
Last edited by androidwiz on May 6th, 2021, 5:03 pm, edited 1 time in total.

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rollingstock
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Re: Access Road to my House question

Postby rollingstock » May 6th, 2021, 4:47 pm

Then fcuk she. That's all.
All a lawyer going and do is take you for the most money they can get.

Chimera
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Re: Access Road to my House question

Postby Chimera » May 6th, 2021, 4:52 pm

Yuh wife is a imps ah wha
Send she by rollingstock to talk some sense into she

sam1978
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Re: Access Road to my House question

Postby sam1978 » May 6th, 2021, 5:06 pm

Why is this even a problem. Your wife has the upper hand , demand that they put what she wants on the new deed before she signs , Case closed.

pugboy
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Re: Access Road to my House question

Postby pugboy » May 6th, 2021, 5:28 pm

the famous apt dollar signs

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Cantmis
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Re: Access Road to my House question

Postby Cantmis » May 6th, 2021, 5:32 pm

Phone Surgeon wrote:Yuh wife is a imps ah wha
Send she by rollingstock to talk some sense into she
#trap

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timelapse
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Re: Access Road to my House question

Postby timelapse » May 7th, 2021, 9:13 am

MG yuh sticking boy.A c0ck and a long black object....
Phone Surgeon wrote:organise 3

Image

2 bottle of

[img]https://lh3.googleusercontent.com/proxy/9VzRyiIsP8WAjo-3jA8K35NQzE_nrLu8R08_lg-iwQ276FFYBYEgZGjH1HB5klXazXorvgq809sMCwAKTC3MblRa8dNENqj8o4D5thnhrCItAtovHkbkFaSmup9Q1eIoUX8M[/img]

and 1

Image

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

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viedcht
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Re: Access Road to my House question

Postby viedcht » May 7th, 2021, 10:57 am

Phone Surgeon wrote:Yuh wife is a imps ah wha
Send she by rollingstock to talk some sense into she
"talk" yuh say. ASP Stock go "talk" tuh she

Bad Dog
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Re: Access Road to my House question

Postby Bad Dog » May 7th, 2021, 1:48 pm

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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SR
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Re: Access Road to my House question

Postby SR » May 7th, 2021, 7:43 pm

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.

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88sins
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Re: Access Road to my House question

Postby 88sins » May 8th, 2021, 11:06 am

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.

Just to add, also drainage/water run off as approved by your regional corporation.

pugboy
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Re: Access Road to my House question

Postby pugboy » May 8th, 2021, 11:42 am

make sure the road width is good
i see some in macoya where they build walls on both sides and it real narrow with bad drainage so road always have puddles

a pickup could barely fit and is a long drive
and of course u have to bring your garbage out to front road

androidwiz
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Re: Access Road to my House question

Postby androidwiz » May 8th, 2021, 4:51 pm

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.


Perfect summation of what is taking place.

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timelapse
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Re: Access Road to my House question

Postby timelapse » May 10th, 2021, 7:05 am

Sister could firetruck herself for all I care.My step mother tried the same sheit with me with some joint property I have with my dad.Is it joint tenancy or tenancy in common?

pugboy
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Re: Access Road to my House question

Postby pugboy » May 10th, 2021, 7:50 am

If it is joint and you want to keep the peace
let her take half of the property and pay for all the survey splitting etc as she is the one that want it so.
make sure it split halfway along the access road with your half adjacent to the access road.

Bad Dog
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Re: Access Road to my House question

Postby Bad Dog » May 10th, 2021, 11:13 am

OP don't let your wife sign anything to give up control or ownership of the property. Don't spend money on lawyers, it will always be to the benefit your sister in law. Let the roadway or access remain jointly owned. If the road is used only to access your property it would be better for her to give full ownership to your wife.

This is like family asking for money /loan. If don't lend them they will vex/stop talking with you. If you lend them as soon as you ask for repayment they will vex/stop talking to you.

It's better if they vex/stop talking to you before you give up part ownership or control of the property.

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