[trinkit]

Is your property landlocked with no access to the private road? If so, then you are entitled to an easement by necessity which should have been written into not only your deed but hers.

You will need to get a real estate attorney -- and it will be money well spent.

[needing more]

Originally Posted by magellan

Why would the survey company take you to court? What harm have you caused them? Sounds like she's more than a bit confused.

I do know that she can't block access to your property, since you've already been using her property to get there. I believe it falls under easement by necessity or easement by prescription. The downside is that it might not stop her from taking you to court. You're probably going to lose the fence.

I called the survey co. yesterday and they never called me back. I didnt think they would want to take me to court, sounded like BS to me

I didnt think she could block easement but the problem is that to road is over into her property so if I drove on where the actual road was supposed to be I would run over my well-head, 5 trees over 50ft tall and my fence (which I know is replaceable)... all of which is before my garage. so if I am to get to my garage without driving on her property at all then I have to remove all these obsticles first

[needing more]

Originally Posted by trinkit

Is your property landlocked with no access to the private road? If so, then you are entitled to an easement by necessity which should have been written into not only your deed but hers.

You will need to get a real estate attorney -- and it will be money well spent.

We are not landlocked.. The problem is that our road is private so 20+ yrs ago they moved the road over about 15 ft her way. (read my previous quote)

[Driller1]

Originally Posted by needing more

I called the survey co. yesterday and they never called me back. I didnt think they would want to take me to court, sounded like BS to me

I didnt think she could block easement but the problem is that to road is over into her property so if I drove on where the actual road was supposed to be I would run over my well-head, 5 trees over 50ft tall and my fence (which I know is replaceable)... all of which is before my garage. so if I am to get to my garage without driving on her property at all then I have to remove all these obsticles first

If you accidentally hit your well, your home owners will drill a new one. Ya never know....