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  1. #11
    pathwise dependent FDG's Avatar
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    Well the law must be different over there. Here, if you own a piece of land that gives UNIQUE passage to another person's house / property, you HAVE TO let them pass undisturbed - it's their right.
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  2. #12
    Administrator highlander's Avatar
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    Quote Originally Posted by FDG View Post
    Well the law must be different over there. Here, if you own a piece of land that gives UNIQUE passage to another person's house / property, you HAVE TO let them pass undisturbed - it's their right.
    Interesting point. It does seem weird that the driveway is a separate property.

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  3. #13
    Senior Member Bamboo's Avatar
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    Oddly enough, my family actually owns a piece of property that is accessed by a driveway which cuts through someone else's land. I don't know all the legal details, but I believe that if they wanted to, they could bar us from passing through their land. But we're on good terms.

    That said, there was some concern about this situation because they were thinking about selling their lot.



    The guy sounds like an asshole. Moreso, I think his business savvy is dwarfed by his inconsideration.

    That said, there seems to be a lot of missing details, so I can't say anything too conclusive.
    Don't know how much it'll bend til it breaks.

  4. #14
    Senior Member Magic Poriferan's Avatar
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    Quote Originally Posted by Metamorphosis View Post
    I agree. Asshole move? Probably. The thing is, though, he's not the one that put the property up for auction without notifying the previous owners that they had tax issues. So who's the real asshole?
    It is clearly being made possible by the odd handling of the delinquent property in the first place, but that doesn't make the businessman innocent. He's exploiting this social defect to basically swindle people out of the blue.

    Quote Originally Posted by highlander View Post
    What's the guy doing that's wrong exactly? And if he didn't do it, wouldn't someone else?
    Hmmm... He's cornering people into paying enormous amounts of money for land they thought they already owned, be purchasing said land extremely cheap when no one else even knows it is for sale. That's a pretty dickheaded thing to do. Like I said above, it may not be his fault that the system failed to inform people about the auctioning or selling of the property (and that needs to be fixed), but the guy is still a rat taking advantage of it.

    It's no guarantee that someone else was going to do it, or else I'd expect to see this happening a lot more often.

    If anyone else did do it, they'd also be dicks.

    The priority here should be to make it undoable.
    Go to sleep, iguana.


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  5. #15
    Per Ardua Metamorphosis's Avatar
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    Quote Originally Posted by Bamboo View Post
    Oddly enough, my family actually owns a piece of property that is accessed by a driveway which cuts through someone else's land. I don't know all the legal details, but I believe that if they wanted to, they could bar us from passing through their land. But we're on good terms.

    That said, there was some concern about this situation because they were thinking about selling their lot.
    I believe in the U.S. (or at least Texas), you can't be barred from entering your land (not to say you can enter on any path you want to).
    "You will always be fond of me. I represent to you all the sins you never had the courage to commit."

    Reason is, and ought only to be the slave of the passions, and can never pretend to any other office
    than to serve and obey them. - David Hume

  6. #16
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    It's brilliant from a money making stand point..

    However if I was one the effected, I would kill the guy slowly, oh so slowly.

  7. #17
    Senior Member Bamboo's Avatar
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    @ Meta

    Part of our land comes directly to a public road, but the existing driveway goes from public road, through their land, and to our land. It was built like this because it's the shortest route.

    If new owners kicked us off we'd have to build a new, considerably longer driveway (road, even) to get around their land and onto ours.
    Don't know how much it'll bend til it breaks.

  8. #18
    Administrator highlander's Avatar
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    Quote Originally Posted by Magic Poriferan View Post
    He's exploiting this social defect to basically swindle people out of the blue.

    He's cornering people into paying enormous amounts of money for land they thought they already owned, be purchasing said land extremely cheap when no one else even knows it is for sale.
    Clearly he is purchasing the land at a very cheap price. How do we know he is asking an enormous amount of money vs. the value of the land though? I think auctions like this are announced publicly.

    I'm not sure it is swindling people at all. The dummy who didn't pay the property taxes is the one who should be blamed.

    It's not exactly the same but I had a driveway that was accidentally put partially on someone else's property. I had to buy the land from them - at a ridiculous price. It was the contractor's fault. I had to pay it. Oh well. I'm not mad at them about it.

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  9. #19
    One day and the next Rainne's Avatar
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    Quote Originally Posted by highlander View Post
    I think it's a bit clever actually.
    Yeah I agree. This guy's just exploiting a weakness of the system. If he's a crook, then you can say all good lawyers and accountants are crooks lol

  10. #20
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    Long-term use of someone else's property in the US for purposes of access, for example a shared driveway, establishes what is called an "easement." An easement is a right that you have to someone else's property for a specific purpose; for example, mineral rights are a kind of easement. You own the easement, but not the property. Access easements are very common in the world of real estate, not strange at all. Were I the people this guy was blocking with his new purchase, I would go to court and submit evidence that the driveway had been in use for X amount of time, thus establishing a de facto access easement.

    If the ruling goes in the tenants' favor, the guy keeps title to his land, and they get to continue to drive on it. If he wants to stop them, his only legal option is to purchase the easement back from them. I would recommend they ask $80,000.

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