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Road to our home issue- poped up after 25 years Road to our home issue- poped up after 25 years

11 months ago

My father had 33 cents of land, and a home at the end of the inner road. He bought it in 1979. It's a closed property where all the sides have property walls. The road meets at the property's left corner / southwest corner. That's the only entry to the property. I built a small home on the south-east side of the property in 1992. in 1997 I had a financial emergency; my father did the partition by giving 13 cents on south-east corner of this 33-cent property and the home I built to me and the rest (14 cents on the north side), and the old home to my brother. He said he would leave 2 cents on the west side (in front) of my 13 cents property for the road, which can be used for both myself and my brother. In 2000, my brother sold his land and home to another person (Mr. X). In 2015, we demolished our old home and built a new one; at the same time, we put a border wall and gate inside out of 13-cent land. Mr X and we were using this 2 cent as the road to both the property for all this long. In 2023 Feb, Mr. X sold his property to Mr. Y, and Mr. Y started some construction on the road in front of our property. When we stopped him, then he showed me his previous deed where his property included the 2-cent land in front of my property. When I dig into the details, I realized, my father give 16 cents to my brother instead of 14 cents, which include the 2 cents we used as road. Also, he did not mention anywhere about the road instead, he used the word land. Words on the deeds was "In the 33 cents, by leaving 13 cents on the southeast corner, remaining 16 cents". Basically the land givent to my brother and him to x and y is in "reversed F" shape. Our property entry is through his land. I did not realized the deed wordings this until this issue. Past 25 years we were using this as road and based on that our gate is at the center of my property. Now Mr Y filed a case against me stating we are tresspassing to his property and entring to our property through the middle of the 2 cent he own even though we can enter through south west corner. My father passed away so I can not ask anyone why he wrote the deed like this and given fake promise to me. Now I need to defend him and continue get access to home for a car. Question is, am i going to lose access to our home through this road? Will court ask me to change my gate position to southwest corner? How can I continue get access to my home for a four wheeler?

Anik

Responded 11 months ago

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A.Hello,
As per the information you have given you can institute a suit seeking permanent injunction from the court.
For better clarity you can consult with an advocate.
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