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My mother left her children her interest in a property in Florida. We wish to sell the...

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pisces22450 | eNotes Newbie

Posted July 8, 2013 at 9:54 PM via web

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My mother left her children her interest in a property in Florida. We wish to sell the land. However the land is land-locked and the owner of the property we need for access has refused to sell it to us as he wants the land himself and feels as long as we can not access the land he can pay us a nominal fee and we will just have to accept it. Is there a way around this? It is my understanding that my stepfather and stepbrother have maintained a road into the property for quite some time. Does this give them a claim to the access? If not are there any other remedies to this dilemma? 

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kipling2448 | (Level 1) Educator Emeritus

Posted July 8, 2013 at 11:53 PM (Answer #1)

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The short answer to your question regarding property rights in the State of Florida is that you will almost certainly need to retain the rights of an attorney who specializes in real estate.  As the question suggests that a conflict exists between the individual submitting the question and a stepfather and stepbrother, then the entire matter will likely require either arbitration or resolution in a civil court.

With regard to the matter of access to the property, the question refers to a neighboring landowner who has denied direct access to the property in question and is using his property as leverage in some kind of negotiation.  If this is accurate, then what the landowner whose property blocks access to the land owned by your late mother is doing is illegal.  In the State of Florida, as in most states, the individual who land blocks access to the other individual's land must provide what is known as "an easement," a path providing the shortest route between the landlocked property and the nearest public highway.  Complicating this matter for you, however, is your suggestion that your stepfather has a road into the property.  If that is true, then the easement requirement may cease to exist, as access to the property in question is available.

It is highly likely that you will need to hire an attorney to help you navigate this situation, especially if you do not have a cordial, cooperative relationship with the stepfather and stepbrother.

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pisces22450 | eNotes Newbie

Posted July 9, 2013 at 4:41 PM (Answer #2)

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There is no conflict between step father and step brother. Stepfather has passed away. Stepbrother is now trying to sell the property and this question was submitted on his behalf.

As far as the road goes, I am not sure how this works.

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