Do you have a water well shared by two or more neighboring properties? Do you have an entryway or driveway shared by many lots? If so, your access may be insecure. That is unless you have something in writing protecting your rights. Written items include agreement, easement, or other documentation that protects your rights. Who pays to maintain the well or the road if something breaks or becomes inaccessible? Without addressing that issue yourself, your rights and obligations are likely to be determined by a court.
Is your home in a residential subdivision? There is likely to be no substantial issue. Most developers handle legal access concerns before selling lots or homes. Consider this. More rural Oklahoma real estate has been “parted out” or subdivided. Over time, this happens with individual owners of the large tracts of land. Rarely are these informal subdivisions properly documented. There may have been no cloud on your legal title because of this issue. It may nonetheless cause a headache if:
- A well-pump breaks
- A damaged tree lay across a shared driveway
- Or a boundary fence does not sit on the legal property boundary
In these cases, the best course of action is to define each party’s rights and obligations. This needs to be done BEFORE:
- Their rights are terminated
- Their access is severed
- Or their obligations are triggered
An experienced real estate attorney at Milly Daniels Law helps you:
- Ensure an easement is created in your favor
- Prepare a customized access or rights agreement governing any possible situation that could impact affected properties