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easement rights

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jak10

Junior Member
What is the name of your state? AL

My husband bought some property that is next to a subdivision. The road to the subdivision was a public road when the land was purchased. Two years later, the owner of the subdivision has claimed that the road is now private and only the people who have purchased lots in his subdivision can use it. He has put up a gate and a fence blocking us access to our home. The only other road giving us access is private property. It also has a railroad track accross the road and it is blocked by a train often. Can he change the road to a private road and stop us from using it after we purchased the land? We have to have some way to get to and from our home. What can we do?What is the name of your state?
 


justalayman

Senior Member
My husband bought some property that is next to a subdivision. The road to the subdivision was a public road when the land was purchased. Two years later, the owner of the subdivision has claimed that the road is now private and only the people who have purchased lots in his subdivision can use it. He has put up a gate and a fence blocking us access to our home.
Are you positive it was a public road two years ago? If it is/was, it would be noted as such in the plat map of the area. While a road can revert back to private property, it doesn't sem likely in the situation you have described. Have you talked with the local governing authority as to the status of the road?

The only other road giving us access is private property. It also has a railroad track accross the road and it is blocked by a train often
.

Do you have legal use of this road? If so then you stil have acces to your property. Just because a train impedes you from time to time doesn't make you able to claim the other access legally.

Can he change the road to a private road and stop us from using it after we purchased the land?
Possibly. The local government should be able to fill you in on the details as to if it has happened.
We have to have some way to get to and from our home
.
See answer above
 

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