• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Brother refusing access

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C Blizzard

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Ohio

Some years ago, my father-in-law gave his second son 3 acres off the original property for his home. Since that time we (#1 son & wife) have been accessing the remainder of the property by using #2's driveway which is an old abandoned roadway. Now that we have purchased the original property, #2 has installed a gate and locked it shut, so that today when we attempted to bring our cattle down into winter pasture, we couldn't get in. We DID get the gate open, probably not legally, and were informed by the wife over there that we do not have an easement across their property. I'm pretty sure that we have an "implied easement" even if my father-in-law didn't write one into their deed (don't know for sure about that). Does anyone know for sure? Would appreciate your ideas. (And, yes, the family is messed up !)
 


BelizeBreeze

Senior Member
C Blizzard said:
What is the name of your state?What is the name of your state?What is the name of your state? Ohio

Some years ago, my father-in-law gave his second son 3 acres off the original property for his home. Since that time we (#1 son & wife) have been accessing the remainder of the property by using #2's driveway which is an old abandoned roadway. Now that we have purchased the original property, #2 has installed a gate and locked it shut, so that today when we attempted to bring our cattle down into winter pasture, we couldn't get in. We DID get the gate open, probably not legally, and were informed by the wife over there that we do not have an easement across their property. I'm pretty sure that we have an "implied easement" even if my father-in-law didn't write one into their deed (don't know for sure about that). Does anyone know for sure? Would appreciate your ideas. (And, yes, the family is messed up !)
You were tresspassing. You're lucky they didn't call the sheriff
 

C Blizzard

Junior Member
BelizeBreeze said:
You were tresspassing. You're lucky they didn't call the sheriff
:confused:

I think you missed my point. That 40 acre part of the farm is totally landlocked except for access via that old roadway. I am asking, can they deny us access to our land, our cattle and the crops we grow there?
 

BelizeBreeze

Senior Member
C Blizzard said:
:confused:

I think you missed my point. That 40 acre part of the farm is totally landlocked except for access via that old roadway. I am asking, can they deny us access to our land, our cattle and the crops we grow there?
No, I think YOU missed the legal issue.
you have nothing. Whether or not the land is landlocked is NOT the issue. The issue here is that you have taken it upon yourself to decide you have rights to another's property without legal recourse.

In other words, tresspassing and conversion. Your brother will be well within his rights to call the police and have you cited for tresspass each and every time you do this.
 

C Blizzard

Junior Member
BelizeBreeze said:
No, I think YOU missed the legal issue.
you have nothing. Whether or not the land is landlocked is NOT the issue. The issue here is that you have taken it upon yourself to decide you have rights to another's property without legal recourse.

In other words, tresspassing and conversion. Your brother will be well within his rights to call the police and have you cited for tresspass each and every time you do this.

:confused:

You know, I'm not trying to argue with you because I am sure you know much more than I do, which is why I asked the question in the first place, thinking that this was a legitimate place to ask legal questions and receive answers to them. I believe that I did not state my question clearly enough. The only access we have to our 40 acres, which is where our cows were, is via the old abandoned roadway which they also use as a driveway. That is the ONLY way we can get onto our land. That is what they gated off and locked -- the roadway itself. We do not go into their yard or onto their property. Our cattle did not go into their yard; nor did they or we go into their pasture field. We opened the locked gate which was keeping us out of the field, all the while staying on the roadway. And that's how we left: staying on the roadway. They drive across our property to get to their driveway, and then they drive across a neighbor's property because that's how the old roadway runs. No one has ever disputed this before. We have done the same thing for probably the last 10 years, if that is how long the property has been in their name; before it was given to them, the entire farm had been in the family for well over 150 years. The cattle have been pastured on that hill side 40 acres since my 90+ year old father in law was a child; every spring they were taken up the old road and every fall they were brought back the same way. And now yesterday it was locked and we were denied access. I could understand your attitude if we had run all over their place and destroyed their property. We did not do that. I understand that your attitude is no different with me than it has been with most everyone on this forum. I am extremely sorry that I bothered you. It's just that there were no attorney open at that time of day to ask, so I found this forum. I did speak with an attorney today and found out that we did nothing wrong by bringing our cows in. I suppose you are familiar with "implied easement"? I would imagine that we will go to court and have a directed easement done by a judge and end the controversy. Once again, I am terribly sorry that I bothered you and earned your wrath. I assure you that it will not happen again. I'm certainly glad that you are not my attorney if you speak with your clients in such a manner, if indeed you are an attorney. I will be off the forum now. Thank you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top