Real Estate Legal Consultation Case | A Favorable Judgment Establishing an Easement of Passage With Attorney Assistance

The client who requested a real estate legal consultation encountered a problem in the course of selling a house he had lived in for 20 years, and proceeded with a legal consultation in order to resolve the real estate dispute.

During the real estate legal consultation, the client explained that he had purchased the land and built a country house on it. He also stated that he had tried to sell it but had been told by the real estate agency that this was impossible.

The reason was that it was a 'landlocked parcel,' that is, land with no road connecting it to the surrounding roads. As a rule, while land is landlocked, one cannot obtain permits for housing construction or for development activities.

However, the client stated that he had received no notice of any matters related to this, from the purchase of the land through the construction of the house, and that for more than 20 years he had personally repaired and maintained the so-called landlocked land and used it as a passageway.

Placed in this unfair situation, the client came to request a real estate legal consultation from Daeryun.

Through a thorough real estate legal consultation with the client, Daeryun LLC assembled a team of specialist attorneys composed of several experts with extensive experience in cases involving the establishment of an easement of way.

Daeryun's team of specialist attorneys argued strongly that the plaintiff had never been notified of the issue concerning the landlocked land during the procedures of purchasing the land and constructing the house.

■ At the time the plaintiff purchased the land from the defendant, the plaintiff was not notified that the land in this case was landlocked.

■ At the time the house in this case was built, the plaintiff was not subject to any building permit restriction by the competent authority on account of the land being landlocked.

■ The plaintiff was entirely unaware that the land in this case was subject to any restriction on passage.

The court accepted the argument of the attorney at Daeryun Law Firm and rendered a judgment ordering that “the defendant shall carry out the procedure for registering an easement of passage over the land at issue in favor of the plaintiff, on the ground of completion of acquisitive prescription.”

In addition, the court ordered the defendant to bear the litigation costs as well.

With the assistance of Daeryun, the client was able to complete the registration of the easement of passage without difficulty.

This outcome may be attributed to the legal team’s emphasis on the facts that the client had not been informed that the land was landlocked at the time of its sale and that a passageway had been opened on the disputed land at issue and used up to the present.

If you face a situation similar to that of the client in the above case and require legal assistance, you are welcome to seek a real estate legal consultation with an attorney at Daeryun LLC.