Land-locked vs alternate route?

What is the name of your state? Georgia

I own a 20 acre tract of land. At the back edge of my property a house was built about 10 years ago. A road runs through my property (has been there for 30 years) and ends at this house. Permission was given 10 years ago for persons owning this said house to use the road (dirt and gravel) until they could build a permanent driveway located away from my property - this was never done. Property adjacent to this house is now owned by someone else and my property is on the other side.

Can I legally close the dirt road (with gate and lock) that goes to the house bordering my property? This will landlock the owners of this house. I have never legally sold anyone the right of way to this dirt road. Is the verbal permission given many years ago for temproary usage still binding?

Your assistance would be greatly appreciated.

[HomeGuru]

[quote]Originally posted by Blarney
[b]What is the name of your state? Georgia

I own a 20 acre tract of land. At the back edge of my property a house was built about 10 years ago. A road runs through my property (has been there for 30 years) and ends at this house. Permission was given 10 years ago for persons owning this said house to use the road (dirt and gravel) until they could build a permanent driveway located away from my property - this was never done. Property adjacent to this house is now owned by someone else and my property is on the other side.

Can I legally close the dirt road (with gate and lock) that goes to the house bordering my property? This will landlock the owners of this house. I have never legally sold anyone the right of way to this dirt road. Is the verbal permission given many years ago for temproary usage still binding?

Your assistance would be greatly appreciated

**A: you cannot land lock a property owner who in this case has prescriptive easement rights to ingress/egress over your land and driveway.

I am not sure that the person has a perscriptive easement.I would want to see what his deed says and what your deed says and then have a lawyer licenced in Ga. give me an opinion. From what you say this easement was not to be permanent, more a convenience route till a new road could be built. a verbal permission to use a property may not be recordable or transferable. An example you allow someone to hunt.... It is not a contract which is permanent or necessarly transferable or recordable if it were verbal.

[HomeGuru]

[quote]Originally posted by bhirst
[b]I am not sure that the person has a perscriptive easement.

**A: I am not sure either since I have no idea what you are talking about.
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I would want to see what his deed says and what your deed says and then have a lawyer licenced in Ga. give me an opinion.

**A: why would you want a lawyer to give you an opinion? And what kind of lawyer?
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From what you say this easement was not to be permanent, more a convenience route till a new road could be built.

**A: finally something correct.
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a verbal permission to use a property may not be recordable or transferable. An example you allow someone to hunt.... It is not a contract which is permanent or necessarly transferable or recordable if it were verbal.

**A: good grief, what are you talking about? It is quite obvious that a verbal permission is not recordable. Please stop trying to explain things. You are making things worse since you do not know what you are talking about and confusing even yourself.
In an atttempt to sound like you have superior knowledge of real estate law, your responses prove just the opposite.

[FarmerJ]

blar too bad you didnt get it in writing with a expiration date . If there property is next to a road and they just never made there own driveway . then go see a atty , before they do so you can try to put a end to this use of your land .

home guru, I sorry if by saying that I am not sure if they had a per. easement that I was saying something superior to your statement. I just don't feel that from info given by the poster, that a clear determination can be made as to the rights that the poster has . Clearly there are a host of questions that could be asked of my respondces and of your also. Please don't take questioning of your respondse as repudiation of your respondse .With this and many other posts there are always other points of views. I don't question your expertise. I am not a lawyer you probably are. In my real estate dealings, I am not even a real estate agent. I just have enough knowledge to have aquired and own a large real estate portfolio.I know I am not superior to anyone. You do seem to indicate that my assement that "From what you say this easement was not to be permanent, more a convenience route till a new road could be built.

**A: finally something correct" is (as I feel ) not a permanent easement.AS for why I would want a lawyer to look at this for me,because I would seek council before I act in a matter which could lead to legal proceeding. As for the type of lawyer, He certainly would not be the arrogant type or thinks he is supperior to anyone elses opinions, and could converse in a non elitest manner.

[HomeGuru]

[quote][i]Originally posted by bhirst

**A: ok, bhirst, lets' try this again. I will clarify so you understand.
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I am not sure that the person has a perscriptive easement.

**A: what is a perscriptive easement? There is no such thing.
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I would want to see what his deed says and what your deed says and then have a lawyer licenced in Ga. give me an opinion.

**A: why would you have a lawyer give YOU an opinion, you are not the writer. The writer needs the legal opinion, not YOU.
And what type of lawyer are you referring to? There is no such word as a LICENCED lawyer.
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From what you say this easement was not to be permanent, more a convenience route till a new road could be built. a verbal permission to use a property may not be recordable or transferable. An example you allow someone to hunt.... It is not a contract which is permanent or necessarly transferable or recordable if it were verbal.

**A: I don't even want to get into this.

[HomeGuru]

[quote]Originally posted by bhirst
[b]home guru, I sorry if by saying that I am not sure if they had a per. easement that I was saying something superior to your statement. I just don't feel that from info given by the poster, that a clear determination can be made as to the rights that the poster has . Clearly there are a host of questions that could be asked of my respondces and of your also. Please don't take questioning of your respondse as repudiation of your respondse .With this and many other posts there are always other points of views. I don't question your expertise. I am not a lawyer you probably are. In my real estate dealings, I am not even a real estate agent. I just have enough knowledge to have aquired and own a large real estate portfolio.I know I am not superior to anyone. You do seem to indicate that my assement that "From what you say this easement was not to be permanent, more a convenience route till a new road could be built.

**A: finally something correct" is (as I feel ) not a permanent easement.AS for why I would want a lawyer to look at this for me,because I would seek council before I act in a matter which could lead to legal proceeding. As for the type of lawyer, He certainly would not be the arrogant type or thinks he is supperior to anyone elses opinions, and could converse in a non elitest manner.

Homeguru says: do you have anything of substance to prove me wrong or are you just going to have sour grapes and post negative comments on other writer's threads?

Thought I might add these comments to see if it would make a difference regarding the land-locked question I originally asked:
The property adjoining the house in question was originally owned by the same homeowner and she had access to her house and property by using an old road (as in the original question) adjacent to both sides of her property. She chose to sell a portion of her property PRIOR TO building a driveway across her said property, instead, continuing to use the old road on my property. Would this make a difference in constituting "land-locked", since she did have the opportunity to ensure she was not land-locked prior to selling her adjoining property?
Any details you could pass along would point me in the direction of where to go from here....

[HomeGuru]

Yes.

By saying yes, what difference would that make? Could I put a gate on my property without legally landlocking her, since she had the opportunity to build her own driveway on her own land before she sold it? In other words, would she have legal recourse against me if I place a locked gate on my property?

[HomeGuru]

[quote]Originally posted by WRHSDemons
[b]By saying yes, what difference would that make? Could I put a gate on my property without legally landlocking her, since she had the opportunity to build her own driveway on her own land before she sold it? In other words, would she have legal recourse against me if I place a locked gate on my property?

**A: yes it would make a difference becasue she could have provided an easement prior to selling the property but that does not give you the right to lock her out. This is a case for mediation. Consult an attorney.

HomeGuru,
Thanks for the free advice. Nice site and very convenient! Have a wonderful day!

[HomeGuru]

Thanks and good day to you also.