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UMore detail – The land was registered to me last year and the seller was going to develop it as a hobby farm community with 4-5 farm houses within the entire project including mine My land doesn’t have direct access to the road. If I reject his buy-back offer he is telling me that I will lose all the value as I won’t have road access to the land since I will need to go through his land to get to the road.
Can he actually block me out of my land? What should I do legally to secure access to my land? Please Help!
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EHe should give you access to your land that’s the law, it will take sometime but you will get access. Probably a civil case.
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KI believe, easement access is 3 or 4 ft pathway and not road. So if the deed doesn’t have specifics about road access to your property, seller doesn’t have to give a road to your property, just an access.
And going to court, you don’t know how long it takes.
So I would negotiate whatever the price you paid plus bank interest.
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VA right of easement is a legal right that gives someone the ability to use another person’s land for a specific purpose. It’s a property right that allows someone to enter or use another person’s land without owning it.
He can’t legally block your access.
Ask him to buy it at the current rate if you are keen to sell and not want to be in fight forever.
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SHe has to give you way. If you go to court his land will also come under litigation which will not enable him to sell. Tell him you want to keep the land and are ready to offer him some part of it to give way, which is beneficial for both of you.
If you don’t have any emergency, you should not sell this land. Trust me you’re sitting on a gold mine. In 15-20 years you will easily make 10 times of the market price.
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CRight of a way is a Right only up to a 4 ft width. You should give back the land and put your money somewhere else .
1. Look in the document if you have a way written in it. If not , you were so foolish to buy it .
2. Understand why he wants the land back and negotiate as suchLand without road , is worth next to nothing
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SPractising advocate here:
You have easement rights. You cannot be denied access to your land.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
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EDepends on how you want to use that land.If you were thinking of it as an investment and you don’t want to be stuck for some years in litigation,you can tell him to pay more(10-15%) premium for the land back.If you intend to actually use the land for something,you have easement rights.However it will include years of litigation and lawyers fees
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UHe can’t block you because of right to passage. And He can’t take your land legally unless you give in.
But I have an unusual opinion,
Chill out. He used to be your family friend right? The way you have explained it, it seems, he must be hoping a good business out of this land and that is why he is forcing you to bail out. Partner up with him for now in this venture, draw it strong legally on paper and sneak in your right to road on paper. If the business works, you earn, if it doesn’t you would still be owner of the land and be able to fight legal battles.
Anyways, what was your thought process while buying this land? Genuinely curious, you bought it as an investment or bought it to actually use it yourself and live there?
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