can access be blocked?

[bethb222]

We live in Md on property my in-laws purchased in the early 70's. The property was a hill that they graded and terraced and the house was built into the hill. Concrete pads were poured where the sheds were placed (one which is close to the property line). The 10 acres were subdivided in 96 with the house on "remaining lands" and 4 lots on one side with right way for access onto road. At that time the property transferred to the children with my husband getting a mtg for the remaining lands. The property on the other side of remaining lands is a wooded area at the back end of the neighbor's property. There is an area next to the property line which was cleared and maintained by the family and used as additional access to the upper level and the driveway. My brother-in-law placed a guard shack at the edge of the woods that his daughters played in and I used for our goat during the winter. The neighbor sold the property and the new owner did not block access across the property. After a few years he told me he wanted to remove the shack because it was an eye sore and he offered to make a goat shelter One day he asked about moving the concrete statues to drag it with the tractor across our property around the woods to his field. When we returned home we found he had burned it using gasoline where it was along with a row boat and some tires we had at the edge of the woods. The fire dept arrived to stop the fire (no permit) which had also started to burn a tree. It smoldered for days and we smelled it in the house. Once every few months he would clear some brush or remove some of the stuff we had accumulated over the line. He also removed a stainless steel industrial sink whick was there for so many years it grew into the tree it was leaning against. Once we recieved a letter telling us to stop telling the neighbors they were riding the dirt bikes and walking on our yard (what I said was they were riding out of the woods next to our yard and waking up our infant-who is now 2). I have continued to mow the area from our property line over to the edge of the woods. A few days ago I was bringing home the disabled person who lives with us from the hospital and I was going to drive around that way into our front yard so she would be able to get out right near the door. I found the access blocked. The cinder blocks the guard house used to sit on were placed across the access with a no trespassing sign that warned violaters would be prosecuted. Today he extended the barrier. Is he legally allowed to stop our crossing over the property after all of these years of continuous use and maintenance. Can he legally do anything if I move the blocks and drive down the hill? Can I legally keep access around the edge of the woods?

[HomeGuru]

Originally Posted by bethb222

We live in Md on property my in-laws purchased in the early 70's. The property was a hill that they graded and terraced and the house was built into the hill. Concrete pads were poured where the sheds were placed (one which is close to the property line). The 10 acres were subdivided in 96 with the house on "remaining lands" and 4 lots on one side with right way for access onto road. At that time the property transferred to the children with my husband getting a mtg for the remaining lands. The property on the other side of remaining lands is a wooded area at the back end of the neighbor's property. There is an area next to the property line which was cleared and maintained by the family and used as additional access to the upper level and the driveway. My brother-in-law placed a guard shack at the edge of the woods that his daughters played in and I used for our goat during the winter. The neighbor sold the property and the new owner did not block access across the property. After a few years he told me he wanted to remove the shack because it was an eye sore and he offered to make a goat shelter One day he asked about moving the concrete statues to drag it with the tractor across our property around the woods to his field. When we returned home we found he had burned it using gasoline where it was along with a row boat and some tires we had at the edge of the woods. The fire dept arrived to stop the fire (no permit) which had also started to burn a tree. It smoldered for days and we smelled it in the house. Once every few months he would clear some brush or remove some of the stuff we had accumulated over the line. He also removed a stainless steel industrial sink whick was there for so many years it grew into the tree it was leaning against. Once we recieved a letter telling us to stop telling the neighbors they were riding the dirt bikes and walking on our yard (what I said was they were riding out of the woods next to our yard and waking up our infant-who is now 2). I have continued to mow the area from our property line over to the edge of the woods. A few days ago I was bringing home the disabled person who lives with us from the hospital and I was going to drive around that way into our front yard so she would be able to get out right near the door. I found the access blocked. The cinder blocks the guard house used to sit on were placed across the access with a no trespassing sign that warned violaters would be prosecuted. Today he extended the barrier. Is he legally allowed to stop our crossing over the property after all of these years of continuous use and maintenance. Can he legally do anything if I move the blocks and drive down the hill? Can I legally keep access around the edge of the woods?

**A: when you have a current survey and a title report, post back.

[bethb222]

I am not questioning the actual property lines. He had more than one survey done so he could subdivide and now the lots and his house are for sale. The lines match the surveys that were done on our property and what is on file with Planning & Zoning. I just need advice about being able to continue to drive down the hill into our yard since it was never a deeded right of way. It was just access that we used for years. The other property owners on our private road are disputing poperty lines so everyone has been getting property surveys and stakes placed. We never said it was our property but we have had use of it for years prior to his purchasing the property and until he decided to place a barrier.

[HomeGuru]

Originally Posted by bethb222

I am not questioning the actual property lines. He had more than one survey done so he could subdivide and now the lots and his house are for sale. The lines match the surveys that were done on our property and what is on file with Planning & Zoning. I just need advice about being able to continue to drive down the hill into our yard since it was never a deeded right of way. It was just access that we used for years. The other property owners on our private road are disputing poperty lines so everyone has been getting property surveys and stakes placed. We never said it was our property but we have had use of it for years prior to his purchasing the property and until he decided to place a barrier.

**A: we need to know how many years exactly have you been using the road access?

[bethb222]

I have lived here since 1995 (14 years) and my husband and inlaws were using it for years before (If more info is needed I would have to get in touch with some of my husband's relatives.

[Kiawah]

You have access to your house, through your own property and the right of way that they other 4 homes use, correct?