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Updated almost 12 years ago,
Prescriptive Easment
I've posted about this property in the past so I'm sorry about the repeat but after talking to the city/county subdividing is out due to expense of an upgraded road but access to build a new house is still an issue. We need to find out if it has or will be granted a prescriptive easement. It is a 1 acre lot with a house and a separate 18 acres being sold at the sale time. To access either property you have to use a lane owned by someone not in the area which goes across a neighbors property. We want to sell the 1 acre w/house and build new on the 18 acres. How can I find out if the new house will have a prescriptive easement granted? Or will I have to get an easement from the neighbor? (I'm not sure he'll be willing to grant one and he's been a real estate investor for years so I'm sure he knows what he can/can't do)
We want to build and have no interest in keeping the house for our primary residence I'm waiting for a call back from my attorney but don't want to spend a lot of money getting answers only to not buy the property.
Any ideas on if the new house would have access? The only way to access the 18 acres is over someone else's land. I know we can't be landlocked but how do I make sure I can get to the house without upsetting the neighbors? I'm not sure they will like having another house go up. Thanks!