What are the chances/costs of a new owner obtaining an easement to a lot that becomes landlocked when it is sold?
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What are the chances/costs of a new owner obtaining an easement to a lot that becomes landlocked when it is sold?
I have a lot which fronts a private lane; I’ve been using this lane for ingress and egress from the lot for 16 years. (The lot is in back of my improved lot.) When I sell the lot, it would become landlocked. What are the chances of a new owner obtaining a written easement? (The owner of the lane does not want anyone to use the lane. The owner of the lane has been an owner since 2002, 9 years.) The state is NY.
Asked on February 19, 2011 under Real Estate Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
So you basically purchased a lot of land without a written easement of any sort in your deed, correct? Are you sure? You need to speak with a real estate attorney in your area as soon as you possibly can. There are certain instances under the law where an implied easement can be recognized. But I think that you are going to have to bring some sort of suit against the land owner as to same or have the attorney negotiate some sort of deal to give you a right or way. You may have to pay for that right but look at it this way: your lot may be worthless without it. Good luck to you.
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