We have deeded easement to our property our neighbors have never stopped us from coming in or out until we said we were going to be moving up.we have owned this property before they ever bought and built on theirs,we have trailer,power,septic electric,pay taxes and now cannot even get in or out because of a new gate they erected.they have not given us anything in writing and have not responded to any of our certified letters.No one seems to want to help everyone says it's a civil matter.Why should we have to pay out all costs when we have legal deeds to access our land? Who can help?:confused:

Is the easement recorded? If not can you prove you have used the easement after they bought the property?

As long as you can prove that the easment existed, then you can force them to remove the gate.

However, to do so, you have to take them, to court. You can sue them for court costs, and you will win, but you still have take them to court.

To add to ScottGem's response, you need to see a real estate attorney. They will file a lawsuit for an injunction to have the gate removed immediately and to prevent them from blocking the easement in the future. As long as you have a valid recorded easement then the judge will probably grant the injunction and also require that they pay your legal fees and court costs.

Thanks Lisa, for the addendum.

What boggles my mind is that these people think they can get away with this.

In rereading the OP, one thing did catch my eye; "until we said we were going to be moving up". I gather that means you are moving your trailer closer to their property. They probably are not happy about that and figured putting up the gate might force you to stop or sell. I would suggest, that before you do make any moves, that you double check zoning laws. There may be some rules about how close to the edge of the property you can put a dwelling, or something similar. One thing you do not want to do at this juncture, is give them ANY ammunition.

Scott being from down south, I had assumed this was not a full time residense and they were "moving up" or moving to that location to live full time.

Guess that shows how "slang" can be taken various ways.

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Originally Posted by mmamdmkm

we have deeded easement to our property our neighbors have never stopped us from coming in or out until we said we were going to be moving up.we have owned this property before they ever bought and built on theirs,we have trailer,power,septic electric,pay taxes and now cannot even get in or out because of a new gate they erected.they have not given us anything in writing and have not responded to any of our certified letters.No one seems to want to help everyone says its a civil matter.Why should we have to pay out all costs when we have legal deeds to access our land? Who can help?:confused:

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Cut the lock and install a combination lock and provide them with the combination.

They can't exclude you from the use of your property. You might want to have your deed reviewed by an attorney and pay for a letter to neighbors highlighting your right to ingress/egress from your property.

I disagree with Cvillecpm's response. Cutting off the lock would be damaging their property and you would be held responsible. Pursue the legal route, not the self-help route.

I would NOT cut the lock or damage the gate. That would hurt your case. But you should be able to get the injunction Lisa suggested within 24 hours.

Frankly, this was a VERY stupid action on the part of the other party. For example, what happens is one of you get sick and can't get to a hospital. They could find themselves at the losing end of a VERY expensive law suit.

Cutting the lock is a common practice and is NOT frowned upon since entry is being provided via the combination to the new gate lock - ingress/egress is NOT prohibited for the neighbor... getting into country/landlocked properties in a timely manner is IMPORTANT as there may be livestock in peril if the owners are not allowed entry... been there, done that - it is no big deal... going the injunction route elevates the situation way beyond what is required from the OP.

OP has been gentle with the situation with letters so if the situation escalates from lock change - then legal action may be in order.

WHY A COMBINATION LOCK YOU MAY ASK? The combination can be transferred electronically to whoever needs it rather than having keys duplicated.

If there was a state of emergency, then cutting the lock might be justified. But the fact remains that the gate is still on private property. The gate and lock represent private property. I totally agree with Lisa, taking the legal route is much better than the self help route.

The OPs efforts have been ignored or rebuffed to this point. So the next step is legal action.

Whether cutting a lock is common practice in your area, I would never recommend that someone damage the property of another regardless of who is in the right.

An attorney can file for an injunction on an emergent basis and obtain a result within 24 hours. And since the neighbor has already escalated the situation to the point where the original poster cannot even access the property, I'd say that an injunction is a relatively mild response.

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Originally Posted by ScottGem

But the fact remains that the gate is still on private property. The gate and lock represent private property.

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Hello Scott and Lisa:

True. But, this isn't just any old private property. It's been deeded, but with the codicil that the grantor of the deed has legal access.

What would you recommend to a tenant who came home to find his house illegally and wrongfully locked by the landlord? I would suggest that the tenant go right on in to his own home.

I know it's not the same. But it's real close.

excon

excon, I know you probably won't like this response, but if you come home and find yourself locked out then you call the police. They will force the landlord to let you in. Likewise with the situation here--if the OP comes home and finds the gate locked then they can call the police.

Hello again:

I'm not sure what the advice is here. Is it calling the cops or calling the lawyer?

I think calling the cops is it. Much better than going to court.

excon

How about both? Calling the cops gets you onto the property and calling a lawyer makes sure that they can't do it again.

Hello again, Lisa:

See? That's why I listen to you. You're brillianter than me.

excon

I would ask you to marry me but my husband might have a problem with that.;)

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Originally Posted by excon

Hello Scott and Lisa:

True. But, this isn't just any old private property. It's been deeded, but with the codicil that the grantor of the deed has legal access.

What would you recommend to a tenant who came home to find his house illegally and wrongfully locked by the landlord? I would suggest that the tenant go right on in to his own home.

I know it's not the same. But it's real close.

excon

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Well, this does get a little complex. The OP has an easement. He does not own the property, just the right to use it. But the gate, while blocking his right to use the easement, is still the property of the land owner. And the lock, especially, is the property of the landowner.

By doing any damage to the gate and especially the lock, one would be taking the law into their own hands. And that would not sit well with a court. So I side with Lisa, call the police to have them take the action of letting one back into their property, then file in the courts for an injunction.

You do have redress... you need to go to court and in some states you will have to bear the cost of the action necessary for you to condemn the land [for example purchasing the land and paying a percentage of the cost of the road that is necessary]and make available access to your property... attached are websites to help... I do not know what state you are in but the suggestions can apply... I believe the laws are consistent throughout the United States... concerning your situation... don’t cut off the lock of the gate... that is called self help and with self help... will cause further problems that may include complaints and fines and charges that can be associated with affecting emotional stress, disturbing the peace and damage to private property... I am sure you do not want these actions brought against you because you have failed to control your anger... like the other replies stated... keep calm... you are in the right... have a good day in court...

http://www.stoopsazlaw.com/2005%20PD...20Mar.2005.pdf

http://www.laborlawtalk.com/articles_index-L-35.html

Why should they have to condemn the land? They seem to have a recorded easement to use the property. They just need to get someone to enforce it.

I'm hoping they let us know what's happening.