CAN A LAND OWNER STOP THE USE OF AND OLD ROAD AFTER 60 YEARS

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CAN A LAND OWNER STOP THE USE OF AND OLD ROAD AFTER 60 YEARS

MY HOME IS ON A DEAD IN ROAD AND IS LAND LOCKED THE NEW OWNER OF THE LAND WANTS TO TAKE DOWN HIS OLD FENCE ON HIS SIDE OF THE ROAD AND REPLACE MY OLD FENCE ON MY SIDE OF THE ROAD SO HE CAN LET HIS COW.S ON THE ROAD ,I HAVE PUT ALOTS OF MONEY IN THIS OLD DIRT ROAD THAT EVERYONE HAS USED OF 60 YEAR.HE SAID HE WILL EATHER PUT UP GATE.S THAT HE WANT LOCK OR PUT IN CATTLE GARDS SO I CAN GET TO MY HOUSE CAN HE DO THIS

Asked on May 19, 2009 under Real Estate Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I don't think so.  You should definitely get yourself to a real estate attorney as soon as possible;  if you have a survey of your property or a map, and any photographs, those would be good things to bring along.  There are a number of ways to find lawyers in your area, and you can start with our website, http://attorneypages.com

The law on this subject can differ a little, from one state to the other, and the details matter, so you do need to have professional help here;  mistakes can be expensive and you've got a lot at stake.  But, as a general rule, if you have a landlocked property and you've been using this dirt road to get in and out, particularly after 60 years, there's a very good chance that you have what is called an easement, which in simple english means the right to use the road even if the other fellow owns it.  And it probably means he can't do anything that interferes with your use of the road, whether it's a fence, a gate (even if it's not locked) or stray cattle.


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