Easement issue in Alabama

**jharper1970** · 08-24-2009, 09:41 AM

I bought some land in Alabama about a year ago, and now I am trying to put a home on it. The road that is there has been there for years, and it crosses other people to get to my property. They told me they are going to gate the road, and not sign any easement for entrance or utilities. What are my options? I am land locked, and don't have a lot of money. I do have title insurance.

**markbrian** · 08-24-2009, 10:13 AM

Sounds like you need to call both your agent that represented you when you bought the land and a real estate atty in Alabama. I wish i could help more but legal advice needs to come from a lawyer, and I am not an atty.

**tucsonhomes** · 08-24-2009, 03:33 PM

Your path of least resistance will probably be to contact the lawyer for the title ins company. They understand and are very competent in the issues involved.

**Greg** · 08-25-2009, 07:38 AM

It is time to get out the big guns and hire an attorney. You will need a title search done on the surrounding properties to see if and where you have an easement.

**BenMarco** · 08-27-2009, 11:02 AM

What does your title insurance policy state they are insuring you against? Mine specifically states one of the things they are insuring against is loss or damage due to "Lack of right of access to and from the land." I imagine yours says something similar. Read your policy carefully and follow the procedures given.

**Curtis McLain** · 08-27-2009, 07:18 PM

In several states if an access road has been used for 20 years or more it will be considered a legal access and courts have a history of ruling in favor of land owner trying to access there property. But it is a long and expensive process if it goes that way. Defiantly need to seek legal advice!

**Curtis McLain** · 08-27-2009, 07:32 PM

found the term and definition

An easement by prescription is one obtained by continuous use of another’s property for the statutory period (fifteen years in Oklahoma)