Need Expert Help

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

Is the property that is for sale completely landlocked without the easement? That's the biggest question. If they have access TO the property from other road frontage that is somewhat reasonable - you pretty much can tell them to F off and lock them out since it isn't written or recorded (for the most part - doesn't hold true in all cases).

However - if there is no other access to the land - and there is a road they have been using that is "apparent, continuous, permanent, and necessary" you will 100% lose in court - recorded or not recorded. Precedent says the court will see it as an oversight on the part of the original grantor upon partition. So I'd avoid destroying their access.

I am not a lawyer nor is this legal advice. It sounds like you need to get a competent real estate attorney and get something drawn up. I would think a title company on a $1mil + place would want that anyways.

Could they create access at another point or is this the only way to get to their property? If you block it and they do have an easement you may run into some liability issues if emergency vehicles couldn't get through or they were trapped in and could not get out to get help. Why don't you visit with the listing broker and see if you could sell the property to a new owner then just fence it off. If not, why don't you make a new gate and fence off the easement or get them to maybe pay to fence it?

What I read is that you're about to get a hunk of money or the owner is going to have problems selling their property. Easements are business. I don't condone being a jackass - ok, well, yeah I do - so instead of encouraging you I'll simply say what *I* would do immediately.

* Contact attorney
* Contact law
* Contact broker
* Contact agent
* Contact property owner
* Lock gate
* Block gate
* Signage
* Purple paint
* Warning shots

If issues continue than the shots change from warning to something unhealthy.

The road in question is also the road I use to get to my house and property. So destroying it or doing anything else to make it hard to use would also effect me. They have no other way to get to the property other than traveling through mine. I know eventually they will need some type of recorded easement. But it is not going to be free. I have spent much time and money on it over the years keeping it maintained. I have never been asked for any help either labor or money on the upkeep. I went to the realtor this morning and talked to the office manager about the problem. Showed her the plat that shows the property and who owns it. Told her all I want is for the gate to be closed after either coming in or exiting. She said she would get it straightened out. And it is a fenced lane 20 ft. wide. So cattle or goats getting out is not a problem and it is for keeping out people and vehicles who have no business here.

You would figure any realty agent showing country property would know the unspoken gate rule.
Lock it and post your phone number for access, that will teach em.

Master Lock

They have a prescriptive easement. The courts will see it as an oversight of the original grantor on failure to provide a recorded easement. It doesn't really matter who has kept it up or spent money on the road. Sounds like they've used the same access point continuously since they were granted their property.

I would suggest getting an attorney and working on a less intrusive easement for them that doesn't go right past your house. Not going to be cheap, but probably the best option.

This gets my vote



Agreed

Wow, this is a tough one.

The realtor is just trying to work, but she should have listened and understood.
"You" are the gate and road owner.

Let her know once more, and if she does not comply, put a new lock and chain.
Children have to learn that a hot stove hurts just as much the "2nd" time.

...-------

Your own piece of land should be a precious treasure rather than an albatross.

I would put the lock on after she is on the inside of the gate, and then leave the house for a few hours. I doubt if she has bolt cutters, so she can sit there and wait for someone to come help her. I believe in being nice once, after that the SHTF, she gets treated like she deserves. .

Don K Here is a good resource to have on hand, and it free. Good luck.

There must be other property owners who could give access to this property. Are there any other roads to adjacent properties?

Very interesting reading. I have in the past tried to learn all I could about easements. Not only for this situation but for another l have with a neighbor. This property has been owned by the original family since the 1930's. It has not changed hands and the only sales of parts of it have been to me. Years ago I bought 5 acres of it near my house because I knew eventually the place would sell. Then about 10 years ago I bought an additional 19 acres because of problems I would have had repairing an existing fence that we shared. The portion of land that is now mine that they have to travel through to access theirs has changed hands at least 4 times since they bought in the 1930's. I have no idea if the road is exactly the same as it was at the beginning. I got the property about 16 years ago. There was an existing 5 barb wire fence on one side. I installed a 7 ft. high fence 20 ft over from it to lane it. So the road to their property and the rest of mine is accessed through a 20 ft. wide lane. That makes it where a property cannot be turned into a subdivision because the access to it would have to be at least 60 ft wide. And I realize that there are only certain things I can and cannot do to limit their access. And I realize that eventually someone will need an easement recorded at the Court House. But for now all I want is for the gate to be closed when entering or exiting. When the easement question comes up then I will see what my options are.

There is one other property that could give them access but I would imagine they would not. With land in this area selling for near $10,000 an acre and it would probably probably take a minimum of 2 acres plus the cost of the road itself. It would be more feasible to work with me. Makes life and property ownership interesting.

Sounds like a crappy situation. Most easement deals are. I've passed up about a dozen real estate deals this year (we buy and sell) because of foreseeable issues arising/a fight not worth the time.

A bump gate may be a cheap option that takes them closing the gate behind them out of the equation. Still can lock it however and force them to get out and unlock - but it will at least close itself behind them when they do pull through.

If no recorded easement as said, then you have every right to lock the gate and post no trespassing signs. The seller is required to disclose legal access and the RE agent should know this. Negotiate initial trespass rights for a fee, and then let the realtor know that a legal easement giving access to the landlocked property will come at a price if they want to close on a sale.

Yeah, this. What kind of a rural realtor doesn't know the golden rule of gates?

Then anyone can drive through it, that is dumb.

Stupid is as stupid does.

They can only drive in so far before the gate codes and locks change. If they get that far they are in "Deep Do Do". Some have tried and wish they hadn't.

Me, Envisioning Don with his 300 H&H:

if no easment Lock it and see what happens. If they have been using for years might not be able to do nuttin. My Ex FIL (now passed) had the same and found out quick years ago in Early county.

Thanks again for selling me the 300 H&H. 10 pointers is mad because he didn't buy it.

Easy solution - put an electric gate opener on the gate - with keypad entrance.
Sign with phone # to call to get access code - that way you know who goes in/out, and the gate gets closed EVERY time.
12v model, & get solar panel to keep battery charged.
The one I got also came with 2 remotes.

This is a little late to the party but I don't fully understand if you live on the land.

Yes, l live and my land is here. There is a 135 acre place that has to go through a quarter mile of mine to get to theirs. I have an electric gate at the entrance off the county road. Beside it is a gate that they use. It has to be operated by hand because l will not give them the code to my gate. I will get you a picture to better explain it.