What to do if I have 2 acres of residential property that is landlocked?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I have 2 acres of residential property that is landlocked?
I have a recorded easement that runs from a major US highway to the point of where my property begins. My neighbors have posted a sign on this easement that says heavy equipment is forbidden on this roadway. I would like to upgrade my driveway that connects to this easement which means heavy equipment would be needed on my property. I would like to know if this posted sign is legal or not. Can you provide some insight?
Asked on January 10, 2013 under Real Estate Law, Alabama
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
First, since you have an easement to your two (2) acres it is not landlocked. As to what you can take on the easement that you have to your parcel or not such is determined by the scope of the easement itself. As such, you need to go to the county recorder's office and pull a copy of the easement to see what you are entitled to use on it.
If the easement does not prohibit heavy equipment, then you can use such equipment. You might want to consider consulting with a real estate attorney to assist you in your matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.