Easement Problems

[BeastMaster]

Can anyone lend a hand in identifying the law on easement problems... My grandfather's property is landlocked and none of the landowners are cooperating. We had existing roads crossing there land but all at once they got together and locked us out... We've got it in lawyers hands but seems nothing has been done.... What would happen if i simply said the hell with it and crossed their land anyway. I'm thinking that if a Deputy was called and took me downtown then maybe something would be done more immediately or will i just be fined and slapped on the wrist?

[Greenhead22]

We are almost in the same situation. They have to cross us to get to their camp, and we have to cross them to get to ours. But here's the thing, they cannot block you access to your land if you have a right-a-way or easement documentation allowing you to go across their land.

[Meeka]

My 2 cents: trust your lawyer to handle it. Listen to your lawyer's advice and take it. Or get a lawyer you have confidence in.

Call your lawyer and ask him; don't ask ask us.

Bottom line though is if you are landlocked the judge will grant an easement. There are several kinds of easements and I will not bore you with the details. Again, discuss it with your lawyer. If there has been an actual easement traditionally used, and there always is it seems, that route probably should and will be declared to be the easement. I have videod the ruts ina pasture before. Look for GATES. CREEK CROSSINGS. This process is often started, unfortunately by a trespassing arrest or a locked gate. Somebody must then file suit in Chancery Court. The lawsuit WILL COST MONEY. Your land is worth little or nothing without an easement. The land over which the easement is declared will be worth less.

Oh yeah, did I mention talk with your lawyer?

[timber-hunter]

Yeah but it has got to be documented, word of mouth stuff don't work anymore. But they don't have to give you access but for a fee they have to then that is where it gets a little ugly. If it was me I would get a title search done on the place till when the indians had it and if there was ever a documented right of way it will show up. But the right of way document is suppose to follow the deed but you know how those chancery clerks workers are. I have had all kind of right of way issues in my business, I know It is a headache but stick to your guns a keep applying pressure and yall will come to a agreement ; Maybe.

[dedux]

Actually, it's called egress and ingress, and neither can be denied by a judge, if that's the only access route to the property.

[timber-hunter]

dedux i have some property in pontotoc county that is land locked and the only access i have to the property is when I cut some timber on it and that is it. But the satisfies the egress and ingress part as you stated.

[torch]

I thought you had to grant access if its the only way in or out.

[Hambone]

Either the Chancery Court or your County Board of Supervisors should ultimately favor you with an easement by necessity or a private right of way according to the statute, depending upon the history of your land.
Although, as stated above, an adjoining landowner has the obligation to grant access to a landlocked tract, there have been numerous occasions where he simply refused to do so until he was legally forced to comply.

Just forcing the issue on your own and settling for a "slap on the wrist" may turn into a trespassing conviction, which is a criminal matter, which just might come up on a job application or something of similar future importance.

I think someone suggested getting some good legal advice...

[Haymaker]

You can not be denigned access to your property if it is land locked. There should be an ingress/egress easement accross an ajoining property owner, probably the one that sold the land to you. If there is a public road that runs adjacent to the property but you have all ways driven across an ajoining property owner's land, then you would probably have to intall a culvert to enter the property from the public road. Like it has been said here, do some research at the clerks office and talk with a lawyer that you trust. If they are not moving fast enough for you, call then a little more often.

Good Luck,

Haymaker

[Law Duck]

Beast,
I may have a little bias in my favor, but really the best advice is to listen to your lawyer. The important thing to remember is that these things take time. "Forcing" the issue, i.e. you getting arrested, will not help anyhting.

Have you tried talking to the surrounding landowners to find out why they stopped allowing you to cross their land? You may even want to try talking to them to see about purchasing an easement, that may be cheaper than hiring an attorney.

Just a thought,
Law Duck

[Narwhal]

"You can not be denigned access to your property if it is land locked."

Not always true.

Funny this topic came up--the Mississippi Court of Appeals issued an opinion on Oct. 7 on this exact issue in Fike v. Shelton. Go to the Mississippi Supreme Court website and you can read the case yourself (for free).

Edit PS: if you can't get to it, pm me and I will send it to you as an acrobat file.

[Narwhal]

"You may even want to try talking to them to see about purchasing an easement, that may be cheaper than hiring an attorney."

I personally wouldn't purchase or sell an easement without a lawyer drafting the paperwork--it is a very complicated area of the law.

just my .02.

[mottlet]

TALK TO YOUR LAWYER!!! Everyone loves to bash lawyers, except at times like these when they really need one. Whatever you do, DON"T force the issue with the other landowner. I've seen the exact same situations end in tragedy because two reasonably sane people thought that being the bigger man meant physically forcing the issue. I don't care how tough you are, a .357 is one of the world's great equalizers. Don't leave your friends and family for the sake of an easement that is taking a while to work through the legal system.

If you're not satisfied with your lawyer's performance, let him know. If that doesn't light a fire, find a new one. Easements may be complicated, but they're a basic tenet of property law and any first year law student should be able to help you out, so finding another lawyer shouldn't be a problem.

mottlet

[Delta Duck]

Beastmaster
Do you have any crop land on your property? If not put some. If you have crop land you can not be shut out under any situation!

[Bustin' Ducks]

Good call Delta duck..