Easement Access Question

[America1776]

What is the name of your state?- Georgia

Situation: I've got a family member with some undeveloped land. The family member wants the land logged. The land is land locked. They have an easement with the neighboring land owner to allow access. The access is a small dirt road that the neighboring land owner has a gate on, the family member has a key to the gate so they can get through.

The neighboring land owner found out about my family member wanting to log the land and denied access to the logger, on top of that they put another lock on the gate so that my family member cannot drive down the road anymore. My family member talked to the person and they told him "walk". It's at least a half mile walk from the gate to their property.

The point of an easement is to allow access to land, the neighboring land owner is allowing the family member to walk to his property, but now he can't drive to it or get any equipment to it. From one view the neighbor is allowing "access" although very limited.

Is it legal for the neighbor to prohibit loggers from using the easement road? And to force my family member to walk to his property?

 

[Just Blue]

What is the name of your state?- Georgia

Situation: I've got a family member with some undeveloped land. The family member wants the land logged. The land is land locked. They have an easement with the neighboring land owner to allow access. The access is a small dirt road that the neighboring land owner has a gate on, the family member has a key to the gate so they can get through.

The neighboring land owner found out about my family member wanting to log the land and denied access to the logger, on top of that they put another lock on the gate so that my family member cannot drive down the road anymore. My family member talked to the person and they told him "walk". It's at least a half mile walk from the gate to their property.

The point of an easement is to allow access to land, the neighboring land owner is allowing the family member to walk to his property, but now he can't drive to it or get any equipment to it. From one view the neighbor is allowing "access" although very limited.

Is it legal for the neighbor to prohibit loggers from using the easement road? And to force my family member to walk to his property?

Perhaps. Can't say as we don't have access to what the easement states. Perhaps the legal party could join and ask his/her question...as s/he will have access to the contract.

 

[LdiJ]

What is the name of your state?- Georgia

Situation: I've got a family member with some undeveloped land. The family member wants the land logged. The land is land locked. They have an easement with the neighboring land owner to allow access. The access is a small dirt road that the neighboring land owner has a gate on, the family member has a key to the gate so they can get through.

The neighboring land owner found out about my family member wanting to log the land and denied access to the logger, on top of that they put another lock on the gate so that my family member cannot drive down the road anymore. My family member talked to the person and they told him "walk". It's at least a half mile walk from the gate to their property.

The point of an easement is to allow access to land, the neighboring land owner is allowing the family member to walk to his property, but now he can't drive to it or get any equipment to it. From one view the neighbor is allowing "access" although very limited.

Is it legal for the neighbor to prohibit loggers from using the easement road? And to force my family member to walk to his property?

The neighbor is likely dead wrong about forcing your family member to walk to his property. It fact, your family member might even be within his rights to cut the locks. The loggers however may very well be a totally different story. Your family member should have a real estate attorney review the easement language and give an opinion.

 

[America1776]

The neighbor is likely dead wrong about forcing your family member to walk to his property. It fact, your family member might even be within his rights to cut the locks. The loggers however may very well be a totally different story. Your family member should have a real estate attorney review the easement language and give an opinion.

The family member did speak to a lawyer, and they said they basically had a 50/50 shot in court. Based off those odds the family member is unsure about trying to go to court about it. I'm not sure how knowledgeable the lawyer was(and if they specifically have experience with easement problems or not). I plan to find out tomorrow about the lawyer and any details about the easement agreement.

 

[America1776]

Also the land has been logged in the past under the current owner, however I believe the neighboring property was under different ownership at the time. I would assume the easement didn't change when the new owners of the neighboring property took over?

 

[LdiJ]

Also the land has been logged in the past under the current owner, however I believe the neighboring property was under different ownership at the time. I would assume the easement didn't change when the new owners of the neighboring property took over?

It is unlikely that the easement would have changed. That would be very unusual.

 

[HRZ]

The actual language of the easement matters a lot. In general the landowner cannot deny / impede access over the eadement but details matter