Re: Easement-default?

On Sat, 15 Nov 2003 19:05:04 -0500 Steve M <[EMAIL PROTECTED]> whittled these
words:
> I have 50 acres in Seqoyah County Oklahoma that adjoins a 40 acre
> parcel on the West and 40 acre parcel on the North.  Recently the two
> parcels were sold giving the buyer 80 acres joining at a single point
> at my NE corner.  As there has been a pasture road crossing my
> property to gain access the two pastures, the buyers have assumed,
> after talking with an attorney, they have access thru my property
> without getting a right-of-way or easement from me.  Do I not have
> control of my property as stated to the buyers from this attorney?
> Can I legally fence off my property even though it would block their
> access the 40 acres.  What would the recommendations to control my
> property?

See an attorney ASAP.  Not just any attorny, but one experienced in real 
property issues.  Easements can be surprisingly complicated.  Trying to 
save money by engaging in self help is often going to end up much more 
expensive in the long run. 

I am *not* saying the following applies to your property - but given the
information presented you shoud be aware of the following principle.  The
law assumes that no honest person would sell another person a piece of
property to which there is no access.  So say a landowner sells Parcel A
and retains Parcel B.  While landowner owned the entire plat (both
Parcels) landowner used a road across B to get to A.  If that use was
obvious to the buyer, and especially if there is no other easy access to
A, the law will *imply* the honest landowner intended to grant that road
as an easement - because otherwise the landowner would have sold valueless
land.  The problem comes up when landowner later sells Parcel B.  Nothing 
in the record alerts the new owner of Parcel B that there might be an 
easement in favor of Parcel A.

You need an experienced real property attorney to best protect your 
interests and to help you avoid making expensive self-help mistakes. You 
may also which to consult your local land surveyor.  While they cannot 
give you legal advice they are often aware of information critical to your 
situation.

Diane Blackman