Access Road to my House question

[androidwiz]

My wife has a joint ownership of a piece of land with her sister including the access road, and everything has been ok for 20 years. Now her sister wants my wife to sign over the property to the sister alone and she says she will give my wife permission to the access road, but we know she wants to cut the road and limit our access. We would like Joint Ownership of the Access Road and give her the rest of land, but she refuses to agree, she wants everything.
Can someone help me or refer a good real estate lawyer. Also if we accept just permission, can she later make changes to the Access Road, this is what we are scared of. Thanks for any advice.

[88sins]

My wife has a joint ownership of a piece of land with her sister including the access road, and everything has been ok for 20 years. Now her sister wants my wife to sign over the property to the sister alone and she says she will give my wife permission to the access road, but we know she wants to cut the road and limit our access. We would like Joint Ownership of the Access Road and give her the rest of land, but she refuses to agree, she wants everything.
Can someone help me or refer a good real estate lawyer. Also if we accept just permission, can she later make changes to the Access Road, this is what we are scared of. Thanks for any advice.

you can't own an access road, so it's impossible to grant someone access to an access road. you can own a property, and allow persons to walk through your property to access another area, and if that's the case you can allow or terminate their access at any time. Your wife has a house on a piece of land that is accessible by that road, so for the sister to intentionally do anything to the road that would hinder or prohibit either of you from accessing your property would be unlawful.
call 624-8420 to set up an appointment for consultation, & we'll see where it goes from there

[killercow]

My wife has a joint ownership of a piece of land with her sister including the access road, and everything has been ok for 20 years. Now her sister wants my wife to sign over the property to the sister alone and she says she will give my wife permission to the access road, but we know she wants to cut the road and limit our access. We would like Joint Ownership of the Access Road and give her the rest of land, but she refuses to agree, she wants everything.
Can someone help me or refer a good real estate lawyer. Also if we accept just permission, can she later make changes to the Access Road, this is what we are scared of. Thanks for any advice.

you can't own an access road, so it's impossible to grant someone access to an access road. you can own a property, and allow persons to walk through your property to access another area, and if that's the case you can allow or terminate their access at any time. Your wife has a house on a piece of land that is accessible by that road, so for the sister to intentionally do anything to the road that would hinder or prohibit either of you from accessing your property would be unlawful.
call 624-8420 to set up an appointment for consultation, & we'll see where it goes from there

There are private access roads and public access roads.

OP is the access road reflected in survey plans?

[assassin]

OP I am not clear why you want access to the road.

Is it that you occupy a separate parcel further in? If this is the case, survey and define the access road as a reserve so she can't block or build on it

Or do u occupy the same parcel that you are gonna sign over and sis say she will allow your continued occupation?

[androidwiz]

My wife is joint owner of front parcel including Access Road, but sister wants to transfer entire parcel to her and give my wife permission, but intend to reduce width of road. My wife house is in the back and can only be access through the road. We want the road to remain as it is.

[androidwiz]

Yes The access road is reflected in survey plans

[88sins]

Yes The access road is reflected in survey plans

it does not belong to her, thus she cannot grant access to or usage of it to anyone.

[Rovin]

OP try to reason or get a damn good lawyer

long time alot of ppl bought chunks of land with plots 1 in front d other & everybody living nice when their parents alive , yrs go by some chirren get d front part others get d back part & parents eventually die & kids start to bicker about sh1t like access road , boundaries etc ... dunno why ppl does get so greedy alla sudden when their parents gone when they were living good all d time, is like some feel when we dead we go carry d land with we too

[androidwiz]

Yes The access road is reflected in survey plans

it does not belong to her, thus she cannot grant access to or usage of it to anyone.

So you are saying that once it is shown in the cadastral as an access road, it does not belong to anyone?

[androidwiz]

OP try to reason or get a damn good lawyer

long time alot of ppl bought chunks of land with plots 1 in front d other & everybody living nice when their parents alive , yrs go by some chirren get d front part others get d back part & parents eventually die & kids start to bicker about sh1t like access road , boundaries etc ... dunno why ppl does get so greedy alla sudden when their parents gone when they were living good all d time, is like some feel when we dead we go carry d land with we too

SOOO TRUE!! You are right on.

[killercow]

Yes The access road is reflected in survey plans

it does not belong to her, thus she cannot grant access to or usage of it to anyone.

So you are saying that once it is shown in the cadastral as an access road, it does not belong to anyone?

That may not be the case. Depending on where it lies will determine your options (if any).

[ProtonPowder]

Talk to a lawyer, especially ones that good with property matters.

Hobsons, Daltons, Sellier

[androidwiz]

OP I am not clear why you want access to the road.

Is it that you occupy a separate parcel further in? If this is the case, survey and define the access road as a reserve so she can't block or build on it

Or do u occupy the same parcel that you are gonna sign over and sis say she will allow your continued occupation?

The survey had it defined as an access road, but she had a lawyer draw up documents giving her sole ownership to everything including the road, she wants to build apartments on half of the road. She need my wife's signature to proceed, that is why we are seeking advice.

[androidwiz]

Talk to a lawyer, especially ones that good with property matters.

Hobsons, Daltons, Sellier

Are these good real estate lawyers?

[androidwiz]

My wife has a joint ownership of a piece of land with her sister including the access road, and everything has been ok for 20 years. Now her sister wants my wife to sign over the property to the sister alone and she says she will give my wife permission to the access road, but we know she wants to cut the road and limit our access. We would like Joint Ownership of the Access Road and give her the rest of land, but she refuses to agree, she wants everything.
Can someone help me or refer a good real estate lawyer. Also if we accept just permission, can she later make changes to the Access Road, this is what we are scared of. Thanks for any advice.

you can't own an access road, so it's impossible to grant someone access to an access road. you can own a property, and allow persons to walk through your property to access another area, and if that's the case you can allow or terminate their access at any time. Your wife has a house on a piece of land that is accessible by that road, so for the sister to intentionally do anything to the road that would hinder or prohibit either of you from accessing your property would be unlawful.
call 624-8420 to set up an appointment for consultation, & we'll see where it goes from there

So if she is given sole ownership of front land, she can make changes to road as she wish, eg width etc?

[viedcht]

Yes The access road is reflected in survey plans

it does not belong to her, thus she cannot grant access to or usage of it to anyone.

I'd trust this guy to give sound advice, op.

As I have seen, access roads already established/any easement given prior will be upheld in court if it comes to that. Magistrates will cite legal jargon (unreasonable badmindedness) etc. Get legitimate legal advice, op. And good luck.

[ProtonPowder]

Talk to a lawyer, especially ones that good with property matters.

Hobsons, Daltons, Sellier

Are these good real estate lawyers?

The best ones. They deal most of the complex matters that I see.

[Kenjo]

My neighbour somehow even got piece of wasa land to have an access road to their house so it’s no way she can block you in unless you have some sort of alternative access to your house . That’s the only OP needs to clear up

[pugboy]

This is not an uncommon issue though

If you look around in st Augustine, Aranguez and many of those places which were primarily agricultural land
Many of the house lots are like that, house in front and others behind with a little straight road on side to back.
So there must be some common way they delineate that, of course the front lot loses some sq footage which is why many of them have real narrow road.

Op remember to take into account stuff like water and utility stuff later on.
For example ttec may one day say you need a pole/transformer and somebody has to pay for it whilst it benefitting everybody

[16 cycles]

http://trinidadandtobagolegalrights.blo ... %20purpose.

Ways to create easements and rights-of-way
Expressly - "granted" or "reserved" in a deed or other legal instrument
Implied - not recorded or explicitly stated, but reflect the practices and customs of use for a property
Prescription – acquired by 20 years use without force, without secrecy and without the oral or written consent of the servient land owner
Necessity - if there was only one access road to a house, the law will not allow the road owner to deny the owner of the property access to their land, if that is the only access available.

Seek legal advice

[The_Honourable]

OP I am not clear why you want access to the road.

Is it that you occupy a separate parcel further in? If this is the case, survey and define the access road as a reserve so she can't block or build on it

Or do u occupy the same parcel that you are gonna sign over and sis say she will allow your continued occupation?

The survey had it defined as an access road, but she had a lawyer draw up documents giving her sole ownership to everything including the road, she wants to build apartments on half of the road. She need my wife's signature to proceed, that is why we are seeking advice.

You need an attorney to respond to her attorney... she also sounds greedy for land space to build her apartments.

Is all the lands on one deed? or you and your wife property on one deed while your wife and sister property on another separate deed? Does your deed have the access road?

How much square feet is the lands between your wife and her sister?

Is the access road part of lands? As an example: a deed says 5,000sqft but in reality the land is 4,700sqft and the remaining 300sqft is the access road. If your case is similar, it would be a bit ticklish.

If the access road is legally separate from the lands, example same deed but two different schedules (and may have two separate plans), you have room for negotiation or outright blank her.

Since it's in your wife and her sister's name, and no sign off has been done well the sister have to chill out until you get sound legal advice.

[pugboy]

Yeah, she done hire a lawyer to take front on you

You should also get advice on simple stuff for future like drainage etc
Next thing she start to build and her drains running into your wife land and you end up with a swamp.

[assassin]

You can have her pay for a new cadastral survey showing a reduced reserve of at least 3.65m wide (but the survey must indicate a defined reserve to access your property) and your wife can give no objection to that

[88sins]

My wife has a joint ownership of a piece of land with her sister including the access road, and everything has been ok for 20 years. Now her sister wants my wife to sign over the property to the sister alone and she says she will give my wife permission to the access road, but we know she wants to cut the road and limit our access. We would like Joint Ownership of the Access Road and give her the rest of land, but she refuses to agree, she wants everything.
Can someone help me or refer a good real estate lawyer. Also if we accept just permission, can she later make changes to the Access Road, this is what we are scared of. Thanks for any advice.

you can't own an access road, so it's impossible to grant someone access to an access road. you can own a property, and allow persons to walk through your property to access another area, and if that's the case you can allow or terminate their access at any time. Your wife has a house on a piece of land that is accessible by that road, so for the sister to intentionally do anything to the road that would hinder or prohibit either of you from accessing your property would be unlawful.
call 624-8420 to set up an appointment for consultation, & we'll see where it goes from there

So if she is given sole ownership of front land, she can make changes to road as she wish, eg width etc?

Anyone can do anything, the question you should have is can she make changes to the road in a manner to restrict or impede your usage of said road to access your property & does she have the right and authority to do so.
And the short answer is, no.

[88sins]

Yes The access road is reflected in survey plans

it does not belong to her, thus she cannot grant access to or usage of it to anyone.

So you are saying that once it is shown in the cadastral as an access road, it does not belong to anyone?

not exactly.
once it's on the cadastral sheet as such, and indicated as such on the deeds of property owners that have to use it to access their properties, it's not that it belongs to no-one, but more that it belongs to and is used for the benefit of everyone. So no one person can do anything to negatively impact all the users of it. You want to look at the cadastral sheet. If her the access road is not indicated as part of the square footage of her property, show her that & tell her it would be ill-advised to try to claim it as her property.

But still, call the number & set up an appointment.

[adnj]

Yes The access road is reflected in survey plans

it does not belong to her, thus she cannot grant access to or usage of it to anyone.

I'd trust this guy to give sound advice, op.

As I have seen, access roads already established/any easement given prior will be upheld in court if it comes to that. Magistrates will cite legal jargon (unreasonable badmindedness) etc. Get legitimate legal advice, op. And good luck.

The correct answer depends on how the existing deed was drafted. If there is are conjoined properties, then you separate.

A deed should be drawn to transfer the property in its entirety with the inclusion of an easement appurtenant that provides the exact description of the use, width, location, and condition of the access.

The agreement will typically include a description of who is responsible for paving, mowing, etc., also. Conditions of closure, such as fencing and gates, whether parking is allowed, etc., should also be included.

[VexXx Dogg]

lawyer? pfft, this can be solved very quickly via gilpin

[brams112]

My wife has a joint ownership of a piece of land with her sister including the access road, and everything has been ok for 20 years. Now her sister wants my wife to sign over the property to the sister alone and she says she will give my wife permission to the access road, but we know she wants to cut the road and limit our access. We would like Joint Ownership of the Access Road and give her the rest of land, but she refuses to agree, she wants everything.
Can someone help me or refer a good real estate lawyer. Also if we accept just permission, can she later make changes to the Access Road, this is what we are scared of. Thanks for any advice.

Op, look for somewhere else to live that is comfortable to your family and offer a price that is the market value, a valuation report is easy to get, don't study no high priced lawyers, they are the winners. You will thank me later.Talk done, I am speaking from a situation I am in so I have first hand experience, I only log in to give my one cent.

[ProtonPowder]

Not everything is a court battle, it is better to pay for a one hour consult, lay out the facts with the documents you have and know your rights and options.

Trinis only have mouth and no gumption.

[viedcht]

Considering your diagram, If it reaches court, and it can be shown that for an extensive period an easement has been established, even without verbal or written consent (negligence of the opposing party) the magistrate will allow some leeway; either permanently, or, temporarily so a separate access may be established/built etc.

Yes The access road is reflected in survey plans

it does not belong to her, thus she cannot grant access to or usage of it to anyone.

I'd trust this guy to give sound advice, op.

As I have seen, access roads already established/any easement given prior will be upheld in court if it comes to that. Magistrates will cite legal jargon (unreasonable badmindedness) etc. Get legitimate legal advice, op. And good luck.

The correct answer depends on how the existing deed was drafted. If there is are conjoined properties, then you separate.

A deed should be drawn to transfer the property in its entirety with the inclusion of an easement appurtenant that provides the exact description of the use, width, location, and condition of the access.

The agreement will typically include a description of who is responsible for paving, mowing, etc., also. Conditions of closure, such as fencing and gates, whether parking is allowed, etc., should also be included.