Land Access

[Mosha]

Our neigbour across the stream, needs access to the road. Her neighbour downstream has a bridge, but is being awkward. They have approached my wife to sell a strip 4m x 20m, however that part of the land is in the bank so she can't sell. She does however wish to help. I've suggested telling them they can make a way in, it will only cost us a couple of palm oil and a couple of non productive durian. The proviso I've set, is if it requires an agreement drawing up, it is uopto them to arrange and finance. Will this work?

[Mario2008]

I believe your neigbours culd not have bought the land without a right to access to the land. That should be looked in to and can be enforced.

If you allow acces over your land, that right might be established after a certian time and you could not deny her the right of way to her land. Even if it is not in writing. That will deminish the value of your property.

Best to ask a lawyer before you decide to do anything.

Your wife can sell the land, but will require the approval of the bank. If the bank recieves the right amount for the land they might agree.

[David48]

Great reply Mario2008.

If I could look at it from a Real Estate perspective ... there is little or no upside for you, certainly diminishes the value of your property.

Lot's of downstream issues.

Smile, be empathetic ... but just leave it at that and suggest to the neighbour that they follow the suggestion above.

[Mosha]

Just got a bit more from SWMBO. The problems downstream were caused by them. They were asked to pay half for the bridge building. She wanted free access, so the bridge owner hardened is heart. We know him, and he's usually very soft hearted. (It's not about money for him, he's loaded.). My wife got that from the a family member of the person wanting access. He said she is Keeneow mak. Wife may need to rethink this.

[Mosha]

I believe your neigbours culd not have bought the land without a right to access to the land. That should be looked in to and can be enforced.

If you allow acces over your land, that right might be established after a certian time and you could not deny her the right of way to her land. Even if it is not in writing. That will deminish the value of your property.

Best to ask a lawyer before you decide to do anything.

Your wife can sell the land, but will require the approval of the bank. If the bank recieves the right amount for the land they might agree.

Thanks Mario

[Bluetongue]

I agree with Mario. Access is probably provided by the closest possible route, which sounds like the bridge, she needs to make peace with that neighbour, probably cheaper that way anyway but doesn't want to do it because of history

[Mosha]

Unfortunately it's a face thing now I think.

[Khonwan]

I’m not a lawyer but I’m inclined to believe that legal access would be based on the route of access prior to the building of the private bridge.

Rgds

Khonwan

[RedBullHorn]

I faced the same request a decade ago, told them i wouldn't sell but i allow the path (4m x 70m). They will finance the backhoe payment for the work, i gave them 2 options... 1. interland exchange, what ever the measurement comes out to be, i will use that measurement on their land during annual paddy season... 2. Give me 3 sacks of paddies annually (Hom Mali only)... They chose the latter.

A note to them, if i sell my land (Chanote title) then it would be up to the new owner's decision to allow the path under our agreement or not to keep the path then new owner may demolish it. (Agreed)

Edited December 31, 2012 by RedBullHorn

[Mosha]

I’m not a lawyer but I’m inclined to believe that legal access would be based on the route of access prior to the building of the private bridge.

Rgds

Khonwan

If memory serves me right, the folks who built the bridge just forded the stream. Not an easy task in the wet season.

Edited December 31, 2012 by Mosha