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UnNFormedFan

Junior Member
What is the name of your state (only U.S. law)?
Alabama
Have a sticky situation on my hands. We have a parcel of land over which the neighbors have had long standing permission to cross to access their property. Their deed states that they have no dedicated ingress egress. We have lately had some issues with trespassers so we decided to lock our gate on the incoming side and gave the neighbors a key yo the gate. They refuse to keep our gate closed in order to keep trespassers off our property. They were granted permission by my wife's deceased first husband. IF they were to sue for an easement going across ours is not the closest access to a public road. Can we lock them out for failing to secure our property?
 


justalayman

Senior Member
if they have no legal easement and the use they enjoyed was by permission, you can stop them from crossing your property.


whether they would be able to gain an easement from you is unknown. Not being the closest is not the criteria used. I am guessing they have no legal access to a public road? If not then they likely have a claim for an easement of necessity and the land they cross is likely to be whatever theirs was split from that made it landlocked.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)?
Alabama
Have a sticky situation on my hands. We have a parcel of land over which the neighbors have had long standing permission to cross to access their property. Their deed states that they have no dedicated ingress egress. We have lately had some issues with trespassers so we decided to lock our gate on the incoming side and gave the neighbors a key yo the gate. They refuse to keep our gate closed in order to keep trespassers off our property. They were granted permission by my wife's deceased first husband. IF they were to sue for an easement going across ours is not the closest access to a public road. Can we lock them out for failing to secure our property?
Please define "long standing". Thanks...

Blue
 

UnNFormedFan

Junior Member
They have had permission for 12 years. Never has anything been in writing.

Also if they were to sue for an easement they would have to sue 2 property owners in order to gain access to their property. I guess my real point is can they be locked out to force them to initiate legal action for access. I mean would we need to go to court in order to revoke their permission?
 
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Just Blue

Senior Member
They have had permission for 12 years. Never has anything been in writing.

Also if they were to sue for an easement they would have to sue 2 property owners in order to gain access to their property. I guess my real point is can they be locked out to force them to initiate legal action for access. I mean would we need to go to court in order to revoke their permission?
I think you need to take all the provable FACTS to a local Attorney to ask these questions. Many will give you a free consultion.

Good luck and Merry Christmas...:)

Blue
 

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