What are my legal rights to landlocked property?
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What are my legal rights to landlocked property?
We bought the property around 1985. A county road runs into the driveway we have been using since we bought the property. The driveway belongs to
someone else. That property has changed hands 4 times. The current owner stopped me from going in. He said he would call the sheriff’s department on me. Also, there is a gate at the beginning of the driveway. All I want is the right to use the drive with my 4-wheeler to get to the our property to hunt.
Asked on November 6, 2018 under Real Estate Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If, as you say, the property is fully landlocked and this driveway is your acces to a country road, you should be able to get an easement (called an "easement by prescription") to allow you to use/access it, but will have to file a lawsuit against the other property owner to get it. Only a court can create an easement against a property owner's will, and you can't get the courts involved without a lawsuit. To explore this option, consult with a real estate attorney.
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