Legal Question in Real Estate Law in Indiana

Land easements

My grandparents own property which is only accessible through using another persons lane....this person is no longer wanting us to use this lane and i was just wondering what if any rights they posses to have access to their property...this lane is the only feasible way to access the property and we travel to this property quite frequently...any insight would be greatly appreciated

thanks

andrew


Asked on 7/07/03, 8:16 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Land easements

If the lane is needed to access your grandparents property, then the other landowner cannot terminate their right to use it. Refer to this section of the Indiana Code:

http://www.in.gov/legislative/ic/code/title32/ar23/ch3.html

Also, it's is possible that the easement for right of way came with the property; check the legal description on their deed and the title insurance policy or abstract. In which case, your grandparents already own the easement and won't have to pay for it under the Indiana Code section I referred to.

Finally, they probably have an easement by adverse possession if they have been using it for more than 10 years.

Are you sure the other owner wants to stop the use of the right of way? Or is there some other objection?

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Answered on 7/07/03, 9:57 pm


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