It is not mentioned. the only thing out of the ordinary in the deed is retaining 1/2 oil gas and mineral rights.

For all the folks following this, this is a prime example of why you should run any transaction thru a title company

If this has been used for a few years then it is an easement by perscription...

Yes I realize that.But back to the original question. Do they need a written and recorded easement going through my property to borrow money from a lending agency to buy that property? As I said before on another property I own there was a situation almost the same. The owners of the property wanted to build a home. They had to have a written and recorded easement to borrow the money.

If the neighbors are landlocked, and you won't grant them an access easement to a dedicated public road, they have a good argument for an easement by necessity. There are easements in gross that belong to people, but this easement would run with the land and go to subsequent title holders. They don't just acquire an easement through precscriptive rights automatically as stated above. If the statutory time frame for you (original poster) to exclude them has run, then they can go to court in an action to quiet title, claiming easement by necessity and that they have acquired prescriptive title. They sound like they have a good case. There is also a concept called latches. It means if you know of a trespass and sleep on your rights, as you have done for years, the courts likely won't side with you to oust them.

As for tittle insurance and the ability to acquire financing. Some lenders use attorneys to review loans, some don't. Hard to say what a lender might require. That said, a good title company will except to access in Schedule B and a good attorney representing the lender will notice it and tell the lender not to close the loan because the lender won't want to deal with the headache described above if they have to foreclose.

This is not legal advice. Just ramblings. Seek legal advice from an attorney that represents you.

Was once in a similar situation. No deeded access is a problem. The legal advice I rec'd suggested the landlocked party was NOT in a strong position. Adjacent owners had no obligation to provide deeded access or any legal access through their property, regardless of past use. Likely the landlocked party would need to say their prayers, ask real nice, and bring their checkbook in hopes of resolving their deeded access problem.

An hour with a local real estate lawyer is needed to know all the options.