Gate blocking my property

[Random411]

I live in California. I am currently trying to sell 53+ acres. There is a dedicated gravel road that starts at the end of a paved road. This road leads to many parcells that are owned by different people, including my own. We all have rights to this road.

There is a gate in between the paved road and the gravel road. I do have a key to this gate so that I am able to enter my property.

Here is my issue. I am trying to sell off my property. I cannot put a sign on my land because since the gate is always closed and locked, it cannot be entered by non-owners.

So what I did was made a sign and attached it to the gate that blocks my property. It was a simple for sale by owner sign.

The gentleman that owns the surrounding land took down my sign, saying it was on his land and that it was his gate and he does not allow signs on it.

The way I see it, it is not his road nor his gate. It is a dedicated road for all the land owners behind the gate and this gate blocks my property. But this guy is a real jerk and will not work with me. His advice to me was to get a lawyer.

I really need to get a sign up. What rights do I have and is there anything I can do?

Any help would be appreciated.

Thanks,
Random411

 

[HomeGuru]

I live in California. I am currently trying to sell 53+ acres. There is a dedicated gravel road that starts at the end of a paved road. This road leads to many parcells that are owned by different people, including my own. We all have rights to this road.

There is a gate in between the paved road and the gravel road. I do have a key to this gate so that I am able to enter my property.

Here is my issue. I am trying to sell off my property. I cannot put a sign on my land because since the gate is always closed and locked, it cannot be entered by non-owners.

So what I did was made a sign and attached it to the gate that blocks my property. It was a simple for sale by owner sign.

The gentleman that owns the surrounding land took down my sign, saying it was on his land and that it was his gate and he does not allow signs on it.

The way I see it, it is not his road nor his gate. It is a dedicated road for all the land owners behind the gate and this gate blocks my property. But this guy is a real jerk and will not work with me. His advice to me was to get a lawyer.

I really need to get a sign up. What rights do I have and is there anything I can do?

Any help would be appreciated.

Thanks,
Random411

**A: can' t the sign be installed on the main road streetside or on your property at a higher elevation that the gate?

 

[Souix]

I live in California. I am currently trying to sell 53+ acres. There is a dedicated gravel road that starts at the end of a paved road. This road leads to many parcells that are owned by different people, including my own. We all have rights to this road.

There is a gate in between the paved road and the gravel road. I do have a key to this gate so that I am able to enter my property.

Here is my issue. I am trying to sell off my property. I cannot put a sign on my land because since the gate is always closed and locked, it cannot be entered by non-owners.

So what I did was made a sign and attached it to the gate that blocks my property. It was a simple for sale by owner sign.

The gentleman that owns the surrounding land took down my sign, saying it was on his land and that it was his gate and he does not allow signs on it.

The way I see it, it is not his road nor his gate. It is a dedicated road for all the land owners behind the gate and this gate blocks my property. But this guy is a real jerk and will not work with me. His advice to me was to get a lawyer.

I really need to get a sign up. What rights do I have and is there anything I can do?

Any help would be appreciated.

Thanks,
Random411

***List with a realtor, to get the property on the multiple, then you won't really need a sign***

 

[HomeGuru]

Oh, is this a FSBO?

 

[Souix]

Oh, is this a FSBO?

***Yup! He says he made a simple "For Sale By Owner" sign ***

 

[HomeGuru]

If he lists with a Realtor, where will the Realtor put the sign?

 

[Souix]

If he lists with a Realtor, where will the Realtor put the sign?

***Well that was my point.He would benefit from the exposure of being listed in the MLS, and he would not have to have a sign. As everyone knows, signs do not necessarily sell houses. Realtors primarily post signs to attract buyers so they can switch them to other properties that may fit their needs better. FSBOs have no other options but to post signs and advertise, which is very limiting***

 

[HomeGuru]

An excellent plug for Realtors.

 

[Souix]

An excellent plug for Realtors.

Yes and its true!

 

[HomeGuru]

Another happy real estate broker.

 

[StakeDriver]

Ad in the paper

Put an ad in the paper. I would think rural type property wouldn't get much traffic from a sign anyway.

I have a hunch that your road is an easement through the neighbor's land and is for "road purposes". This would probably prevent you from forcing the neighbor to allow you to use gate for your sign.

As was already suggested, put your sign on the main road. Your county will probably issue you an encroachment permit to put your sign on the county road. Under your county in the phone book, look up Public Works or Engineering and call them. If all else fails, call any number marked permits but usually this would get you to the building department which doesn't have jurisdiction in the county road right-of-way. OR if you are in a City limits, then do the same for the City but I'm assuming a large parcel such as yours is most likely not in a City limits.

-Licensed Land Surveyor, California

 

[Random411]

Thanks

Thank you for the help. Your right there probably isnt much I can do about my own sign so I will look into listing it in the local paper. The reason I have'nt listed with an agent yet is I wanted to try to avoid their 6% commisson. But it looks like if I really want to get it sold any time soon Im just going to have to bite the bullet and do it.

Thank you all for your replys, it has helped a great deal

Random411

 

[Souix]

Re: Thanks

Thank you for the help. Your right there probably isnt much I can do about my own sign so I will look into listing it in the local paper. The reason I have'nt listed with an agent yet is I wanted to try to avoid their 6% commisson. But it looks like if I really want to get it sold any time soon Im just going to have to bite the bullet and do it.

Thank you all for your replys, it has helped a great deal

Random411

***I just read today that NAR (National Association of Realtors) reports that on average homeowners that listed with a Realtor received 27% more money than those selling on their own. So even with the 6% fee you would be coming out ahead. ***

 

[StakeDriver]

Statistics

Consider the source, first. Do realtors obtain 27% more on average because of what they do OR are FSBOs more likely to be low end or distressed properties that would sell lower anyway. What I'm saying, just based on the NAR numbers alone you can't assume they are responsible for the increase. There are likely other reasons outside of the Realtor's influence.

 

[Souix]

Re: Statistics

Consider the source, first. Do realtors obtain 27% more on average because of what they do OR are FSBOs more likely to be low end or distressed properties that would sell lower anyway. What I'm saying, just based on the NAR numbers alone you can't assume they are responsible for the increase. There are likely other reasons outside of the Realtor's influence.

***The survey did not specify, however, everyone knows it is the buyer that eventually pays the fee not the seller. For Sale By Owners should be pricing their property 6% less than market because thats what fsbo buyers expect. This is not the subject of this particular thread anyway.***