"Soil Road Used By Adjoiners"

[SylviaStone]

What is the name of your state (only U.S. law)? TN

My plat shows "Soil Road Used By Adjoiners."
The guy that has the lot behind us says it is a "Right of Way" and it is in HIS deed.

I don't see right of way language in my deed, and I understand from another neighbor that there is other access to the 5 lots behind and to the NW of me from the west side of the original estate division. Back in the 40's there WAS a house on the lot behind, but it fell down to the ground, hence the road to it by permission of the family member that owned the lot I now own which was used only for a workshop and pasture.

1. Wouldn't a professional surveyor use the words "Right of Way" if it was one? Could that just be Boundary description?

2. If the "easement" to the lot behind me was "in gross" as in by family permission WHEN there was a house there and this lot was still in the family, am I obligated to allow access if a true "right of way" by plat, or even other access can be established on the west side of the original estate?

 

[FarmerJ]

a governmental plat map is not the same as a real recorded easement to another parcel SO if your homes title work had a easement recorded to it to grant that other parcel access then you would not be able to stop them from using it. ( you might want to consider hiring a local title firm to check your homes title work for recorded easements if you don't know what to look for or just want to make sure )

 

[154NH773]

If I am reading this correctly, your lot and the neighbor's lot were once under single ownership. At some point the neighbor's property was divided off and was granted the right to an easement. This would not necessarily show up in your deed at all, or it might note that your property is subject to an easement. If your deed refers to the plat, then the easement is noted, although it is not necessary for your deed to have any mention of an easement in order for one to exist.

You must obtain a copy of your neighbor's deed and its predecessors, which will have the wording of the grantor regarding any easement. If there is an easement grant given by someone who was the owner of your property, then it is likely to still be in effect. If it is a legal easement grant, you may not unilaterally extinguish it regardless of whether other access exists.

As suggested, have a title search done on your's and your neighbor's deeds to determine if a legal easement exists.