landlocked!!!!

[joshandlaura]

I have two questions. The first is If a 40 acre plot was divied in to 4 seperate lots at the death of the owner(mother) to the four children in which a creek run directly thru the middle of three of the properties. can the owner of the one property in which the creek does not run thru, legally not allow the other 3 passage to the back 8 or so acres of the their siblings land by putting up a steel gate?
Also for this same situation if the main house had the well on what is now anothers plot can they shut off that well and leave the original house with no water. i know this sound crazy but it is actually happening!

 

[dee_dub]

Man, not another law school exam question.

I would hazard a guess the existence of the creek and the material from which the gate is constructed are irrelevant.

So the only three of the owners can access part of their respective properties is by travelling through land owned by another? And that person is blocking their passage? Look to the titles, see if there is an easement on title. Failing that, there may be a constructive easement.