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What recourse does a child have to prevent road construction on family property?

What recourse does a child have to prevent road construction on family property?

Full question:

Parents deeded a portion of land to child for a house with mortgage. Child has access to his property through an existing road that is on his deed as a temporary access. It has been a road for the past 50 plus years. Because of mortgage guidelines a permanent easement was placed on the deed. There is no road and has never been a road - it is an easement on paper only. Child has since paid his mortgage off (if this is any bearing). Another person has always used the temporary easement for all these years and has recently found that the other easement is in existance which if road were constructed it would border in another area to the property that he goes to he could build another gate and go to it there. This is family property where the easement is and the child that has the house will be and has always been allowed to get to his property. What recourse can be done to keep a road that would be very costly from being constructed. This property is in the country and very wooded. This deed was made approximately 16 years ago.

Category: Real Property
Subcategory: Easements
Date: 04/07/2025
State: Alabama

Answer:

There are two main types of easements: easements in gross and appurtenant easements. Easements in gross are personal rights that end when the easement owner dies or a corporation dissolves. Appurtenant easements are more permanent and attach to the property itself, transferring with ownership. For an easement to be appurtenant, the properties must be adjacent and owned by different entities.

To terminate an easement, certain conditions must change, such as:

The easement's purpose no longer exists.
Ownership of the easement and the land merges into one owner.
The landowner releases the easement.
The easement is abandoned.
Nonuse (in the case of a prescriptive easement).
Adverse possession by the landowner.
A court judgment in a quiet title action.
Misuse of the easement.

Misuse typically does not terminate the easement but may lead to legal claims. An easement by implication can arise if it is reasonably necessary for enjoying the property, especially if the land was once owned by the same person. An easement by necessity is recognized when access is strictly necessary to enjoy a property.

In some states, easements by necessity are not granted if the need was created by the owner's actions, such as selling off land that results in a landlocked parcel. A permissive easement allows use of another's land but can be revoked at any time. An easement by prescription can be established through continuous, open, and hostile use of another's land for a specified period.

If you are facing potential construction of a road that could impact your access, you may seek injunctive relief, which is a court order to prevent specific actions. To obtain this, you must show a strong likelihood of success, potential for irreparable harm, that it won't harm others significantly, and that the public interest is served.

Consulting with a local attorney is advisable to review the specifics of your situation and the easement documentation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What does deeded access to property mean?

Deeded access to property means that the property owner has a legal right to access their land through a specific route, as outlined in the property deed. This access can be through an easement, which is a legal right to use someone else's land for a specific purpose. Deeded access ensures that the owner can reach their property without obstruction, maintaining their right to use the land as intended.

Can you build a dock on deeded lake access?

Building a dock on deeded lake access typically depends on local zoning laws and regulations. Deeded lake access grants the right to use the land for specific purposes, but any construction, like a dock, may require permits. It's essential to check with local authorities and review any restrictions outlined in the deed or applicable laws before proceeding with construction.

What does deeded access mean?

Deeded access refers to a legal right granted in a property deed that allows the owner to access their land. This can be through a designated path or road, often established as an easement. It ensures that the property owner can reach their property without being blocked by neighboring landowners, preserving their ability to use and enjoy their land.

Can a property owner block access to an easement?

A property owner generally cannot block access to an easement that has been legally established. Easements grant specific rights to use another person's land for a designated purpose, such as access. If a property owner obstructs this access, the easement holder may have legal grounds to seek enforcement or damages. It's advisable to consult a legal professional for guidance in such situations.

What type of easement gives permission to physically cross a piece of property is called?

An easement that allows someone to physically cross another person's property is called an appurtenant easement. This type of easement benefits a specific parcel of land and typically transfers with the property when it is sold. It ensures that the property owner has legal access across the neighboring land for purposes such as reaching their own property.

What is considered an easement on property?

An easement on property is a legal right that allows one party to use a portion of another person's land for a specific purpose. This can include rights of way for access, utility lines, or drainage. Easements can be temporary or permanent and are typically documented in property deeds. They do not transfer ownership but grant specific usage rights.