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Undivided Sale of Shares in a Private Road

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1 Undivided Sale of Shares in a Private Road on Fri May 18, 2018 7:32 pm

Winie_Pooh


Arresto Menor
There is a lot adjacent to my property that was created as a private road when the heirs next to me subdivided their lot through Extrajudicial Settlement and divided their inherited land. The private road they created has a title which says "Lot nnnn (ROAD)" and as an encumbrance it says "this road may never be closed or disposed of... except by order of the court". However, they never submitted the new title to get a separate tax declaration so it's still covered by the tax declaration of the original title which has been cancelled as part of the extrajudicial.

The ROAD lot has listed all heirs as co-owners, a total of six.

I have tried to get them to sell me a road right of way (RROW) so I can use this road to reach my lot. I prefer to pay rather than create angry neighbors and demand a legal right of way, which may be denied since this was originally their parents land from which the road was segmented FOR THEIR USE. Unfortunately, one of the heirs does not want to give a RROW but the eldest tried to sell me the entire road.

The tax assessor and someone in the registry of deeds says we cannot buy the road... they cannot sell the road.

However, is it legal to buy the UNDIVIDED SHARE from one of the co-owners of the road and get registry of deeds to replace his name with mine on the title ? His lot is also adjacent to a public road so he would not lose access if he sold us his undivided share.

Thanks

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2 Re: Undivided Sale of Shares in a Private Road on Sun May 20, 2018 10:01 am

attyLLL


moderator
If the other co-owners were to grant you a right to use the road, even without the one who objects, in my opinion that would be valid and enforceable despite the objections of the one hold out. If you were able to buy the share of one of the co-owners then you would have the right to use that road also.


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Winie_Pooh


Arresto Menor
I'm not a lawyer so of course I'm confused when attempting to read the laws.

Article 688 under Voluntary Easements says exactly what you stated.... that even one co-owner can sign a road rights agreement. However, Article 691 seems to say the exact opposite and that all co-owners must sign.

Can you clarify Article 691 as it would apply to co-owners of a private road giving a road rights agreement?

Thanks
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Article 688. Every owner of a tenement or piece of land may establish thereon the easements which he may deem suitable...

Article 691. In order to impose an easement on an undivided tenement, or piece of land, the consent of all the co-owners shall be required.

The consent given by some only, must be held in abeyance until the last one of all the co-owners shall have expressed his conformity.

But the consent given by one of the co-owners separately from the others shall bind the grantor and his successors not to prevent the exercise of the right granted. (597a)

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