How do I get access to land that’s mine


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Guest: Well, I have been, I inherited from my father a seven and seven acres of land, which he purchased in ’46. you know, evidently a handshake because it’s landlocked land. After that I do have a, a, a deed for the property. I’d like to, uh, try to get, uh, access to my property. And then I guess I need to know the legal way to pursue that. I do know the, the west part of the farm is, uh, surrounded by state, uh, basically hunting property by the state. Uh, but, uh, I guess I’d need to know how can I legally get a document that shows that I have, uh, an access to my property.

Justin: Do you have any access to it or is it just completely landline? You have to cross someone else’s property to get to yours, right?

Guest: Yeah.

Justin: Yeah. So you’d have to get an easement to do that? Yes. Has anyone been using it? Have you been, is there like a path through there has been used forever or nothing?

Guest: Well, I, I, I do know I can get to my property on and path of it’s been made by a hunters, uh, to the state land. And have checked with them, I’ve checked with the for, of adjacent property owners private and they’re not willing to purchase on land and or, uh, so many, uh, right away.

Justin: Well, you may be able to, to use it by necessity is what you’ll probably end up having to do if no one’s willing to tell. But what about the person who was, whose land you’re crossing right now to get on there? Who the hunters are using?

Guest: Oh, I just, I, I just go and park, uh, on an access, uh, to the state land, which leads to my end eventually.

Justin: Okay. So why, why do you want to, what do, what do you want the easement for? If you’re already getting down in there, is there something you’re planning on developing the property or no?

Guest: Pardon me?

Justin: Are you planning on developing the property or are you wanting to put a road in or

Guest: no no no, its seven, seven and a half acres of Nice prime hunting land. And I use it for hunting and camping, but I don’t have a road to drive my truck back in on.

Justin: You could look at trying to, to get some kind of easement or using by necessity or something like that through the adjacent property that’s been used for a long time. It’s been used long enough it might be able to use, you know, adverse possession. Right, Brian?

Brian: Yeah, I think she’ll, but you know, I, I don’t think you even really need to have adverse possession in order to file suit for, you know, like I said, if you’re landlocked you can get, did I understand you to say, um, uh, Richard that your, your ownership is not recorded?

Guest: No, I have a deed

Brian: Okay. In my name, the handshake deal was, uh, the ability to cross property. Right.

Guest: I don’t know. This was back in 1946 and you know, good old boys, back in 1946.

Brian: It was a different world back then, wasn’t it Richard?

New Speaker: Oh, yes.

Brian: Yup. You know, you know what I think is kind of interesting is that way back when, I remember the time when we didn’t wear pajamas, when we went out to the store. Do you remember that, Richard?

Guest: Um, I’m not that old

Brian: anyway. Hey, listen, um, give Justin a call. You won’t find a better real estate lawyer than Justin. And so, um, uh, just give him a call at eight, five, five law show during the week and he’ll take good care of you.

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