I own a home in a subdivision in Alabama with recorded covenants that "run with the land" - but with no recorded plat. All was fine until the land developer bestowed joint tenancy with rights of survivorship upon his nephew. His nephew denies that we are a subdivision, and he has blocked my driveway with boulders. My driveway spills into a short gravel road connector - now co-owned by the developer and nephew - which feeds into the county road. Most egregiously, my driveway was installed by the developer's agent, for which he was paid in full, thereby constituting an implied easement for my use of the connector road. That is, since the developer's agent positioned my driveway to connect to their gravel connector road, this is clear consent for my unfettered access to their connector road. Furthermore, all other residents have license to use this connector road. That said, I am not land-locked. I could presumably - at my undue hardship and expense - make a detour to my driveway toward the county road. I do not seek "damages" or any monetary compensation.
No. Easements are not a small claims issue. It sounds like you need to consult with a local attorney who deals in real property law.
I agree with David, this issue is more complex than you would expect. I would consult with a real estate attorney to handle this instead of trying to do it yourself.
You must seek the advice of an experienced real estate practitioner. Implied easements are complicated and not easy to adjudicate. It sounds like you and the other affected parties need to join together and consult with counsel. You should have purchased a title insurance policy when you bought the land. The policy would have informed you about the lack of deeded or platted access.
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