There is a piece of property that is for sale. To access it they have to drive through about a quarter mile of mine. There is a gate off the main road. Yesterday the gate was open. I saw the realtor that is showing the place and told her that she needs to close the gate after going through it. She says she is doing what the owner told her to do. I told her that I am the owner of the road and the gate and I wanted it closed. She said that she was not going to sit there and argue with me and drove off. What is the best way to settle this and have the gate closed after using it.

I'd talk to the owner of the property that's for sale; have them relay the message to the realtor.

Put a sign on the gate too?

That's like the golden rule of ranches; leave the gates as you found them. I don't know how that's not hard-coded into anyone who deals with land real-estate.

The ranch was willed to 3 people. 2 brothers and a sister. We have not gotten along with each other ever since they got it. They already know the gate is supposed to be closed after going through it. So telling them again for the umteenth time is of no use. Trying to find out what the next step should be.

Is it a legal easement? If it's not just lock it, if it is I just fence it off and not deal with the headache assuming it's along the edge of your property

Since she was being a b****, I’d be awful tempted to put a lock on it.

Yeh I know, you’ve gotta provide access....

Lock it and be a little slow about giving them the new key.

Edit: The real answer here is you need to talk to an attorney. You technically cannot deny them the easement if it's already established. That said, they need to honor your wishes on the gate.

In the interim, I'd play games with them and lock it; just be forgetful about giving the new key. They'll get the hint, and locks are cheap. If they want to escalate, they'll have to put somebody on retainer, and that'll get expensive quick. It'd be easier for them to just leave the gate as they found it.

Basically, make it inconvenient for them to be stupid.

Cattle guard.

Cattle guard or a lawyer and a lock. Might consider calling the listing agent and tell them the next step if your gates left open again which will be 5,000 concrete blocks across the road.
Rude people need to be dealt with accordingly,

Was she an agent or the broker that owns the agency? Call the broker and let them know that the next call will be to the board of realtors.

Who is responsible for maintaining an easement? Like if a tree fell across it who is responsible?

I hate everyone. That makes me an expert in such things.

We need to meet up sometime, I think we’re related

1........... If you can afford to buy the property the easement leads to ,do it.

2.......... Sell your property and move before you stir up a hornets nest with new owners.

3.......... Meet the new owners and try to develop a friendship before hard feelings develop.

I am speaking from experience. I chose # 2 because the easement was between me and my neighbor (half was my property and half was his) and about 120' from my house and 100' from his. I didn`t want the drama, legal expense, or worse that may have happened. I chose the right path to take since the person who bought my old place and my old neighbor have had all of the problems with the new neighbor that I listed and more. #3 would be the best thing to do in a perfect world, but that requires both parties to agree to the same set of rules and get along. Good luck sir!!

There is no recorded easement to the property. I own the land the road is on. I don't have $1,350,000 sitting around right now to buy it. The place is for sale so there are no new owners yet. And I sure as hell am not going to sell mine.

Your road, your gate, your lock, your rules! Have the other property owner to educate the realtor or lock her arse out!

If they don't have any recorded easement i'd say you could at least be a real pain in their azz and put a lock on the gate.

I assume if they chose to pursue legal action against you and they have been using it eventually you will have to give them access, but I don't know if there would be any fine etc. they would probably just finally make you give them recorded access. Could be a lot of satisfaction for you lol.

Speak to an Attorney.

Just my .02,
LeonCarr

If you own the road and gate and there is no legal easement, destroy the road. It’s your road, and it isn’t doing a dang thing for you. Admittedly, that is an extreme approach and one that isn’t presently warranted.

Ya know, I think I might have to lock that gate and have them call me to make appointments for access. Otherwise they might leave it open, ya know, and let your cows out.

I do not blame you for not wanting to sell you property. It was easier for me to sell mine because we had been always wanted to build a new house and this made the decision to do it easier. I would never by property that had to be accessed by an easement thru someone`s land. Looks like you are gonna need to contact a lawyer.

Well with no easement of record that sure is going to be interesting when it comes to the title company doing their due diligence...

If you own the road, I’d do what I wanted to with road if this was a long standing PIA that I couldn’t seem to get any cooperation on

Seems like you have tried to work with them

Tractors break down, sometimes in terrible places....

They’ve got feet, they can walk

+1 way it sounds road on your property tis more of an easement road, if your running livestock, U have right ta put chain & lock on gate...
Agree with TXMikeMcC always best ta try work with neighbors keep things friendly, work tagether...
Best wish's...

Lock the gate after they have gone past it to view the property. Then they will have to contact you to get out. Explain to the realtor this is how it will be until they understand the gate rule.

I have no expertise on this topic, but am interested in maybe learning something...

I understand if an easement is recorded, it's kind of like their road on your land per se. Still your land, but they have access.

If there is no easement recorded, anywhere.... I get Herbie's point as my wife did real estate transactions for a Lawyer. It sounds like the other plot is landlocked?

Wouldn't this be the time to announce you'll provide an easement of record if they do "x"? (Install a cattle guard minimally, maybe fence the easement, sell them the easement if they put up a fence, etc?

Charlie