Re: Easement-default?

In article <[EMAIL PROTECTED]>,
Steve M  <[EMAIL PROTECTED]> wrote:
>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 both of those properties have road access without going through
your property?  If not, then almost certainly an "easement of
necessity" will exist.  However, depending on exact circumstances, the
amount of property you lose to it might be quite small: for instance,
if one of them has direct road access, you might provide a 10'
triangle in the corner (only 50 square feet) for access.

Also, who owns the fourth piece of property that meets at that same
corner?  Transit between the two 40-acre parcels you mention can be
done across that piece rather than (or in addition to) yours.

>  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?

As others have said, see a local real estate attorney immediately;
some issues depend on exactly how long a condition has continued, and
Murphy's Law says that if you wait a week the critical date will
probably fall during that week.

Seth