Legal Question in Real Estate Law in Alabama
My right to use private road which accesses my property
I own a 3 unit rental property that is supplied with water by a well. My property is accessed by a private road owned by the neighboring property. My well pump has gone out and my only option to supply them with water is to run a 1" pipe down the road from a meter located behind a shopping center about 500 yards away. The owner of the road WILL NOT give me permission to run the line down his road. No real reason, he's basically an old guy who thinks I'm going to mess up his property. Is there any way I can go over his head to run the pipe down his road?
1 Answer from Attorneys
Re: My right to use private road which accesses my property
You have four avenues to approach this problem.
1. Do you have an easement for access/utility purposes either by conveyance (what does your deed and/or subdivision plot say?), or by use and prescription (if you have used this access route for a number of year then you may have a lawful legal right to it, the amount of time varies under the circumstances).
2. If he has county/city water, what does the enabling ordinance say? It may well require him to provide an easement for other customers.
3. Purchase it from him for fair market value, as they say everyman has his price.
4. Under Alabama law, there is a statutory mechanism whereby, if all else fails you can sue an adjacent landowner for access via the most direct route. If you prevail, then you will have to pay him fair market value.
If talking with this gentleman is not successful, you should contact an attorney.
If we can be of assistance, please feel free to contact us.
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