Case Studies

Lack of Access – Owner unable to access property from road

The Firm recently resolved a significant title issue involving lack of access to a property. In this case, a family owned a large tract of land that fronted a public highway. The Parents donated a one-acre tract to the rear of their property to one of their children. The Child accessed its tract from the highway by a private road running across the Parents’ property. The Child granted a mortgage over the property to a Bank to secure a loan to build a house on the property. Several years later, the Child defaulted on the loan. The Bank then foreclosed on the mortgage and purchased the property at foreclosure. But there was no servitude recorded to allow access to the property over the private road. And the Parents refused to grant one to the Bank, as they did not want the Bank to sell the property to a third-party. Instead, the Parents proposed to buy the property back at a substantial discount.

After contentious litigation, the Firm obtained a Judgment from the Court recognizing the Bank’s right to a gratuitous servitude over the private road. The Bank was then able to sell the property to Firm was able to secure a gratuitous servitude over the private road to access

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About the Author

Hansel Harlan

Prior to forming Harlan Law Firm, Hansel worked with another Law Firm, Phelps Dunbar in the Commercial Litigation Section. Mr. Harlan had a general national commercial litigation practice with a…

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