Can a neighbor block my access with a gate over a shared road in a private tract?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a neighbor block my access with a gate over a shared road in a private tract?
Each parcel has a deeded easement appurtenant to all parcels.
Asked on November 29, 2011 under Real Estate Law, Oregon
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A neighbor can block or impede another neighbor's access to his or her property where access is through a shared road and access to the parcel is by way of a presumed deeded easement. However, assuming access is blocked, the neighbor blocking and impeding the access could very well be subjecting himself or herself to a lawsuit for obstructing one' ability to get to his or her property.
If you are dealing with a situation where your access has been obstructed by a neighbor to your property, you should consult with a real estate attorney as soon as possible.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.