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  1. #1
    Join Date
    Jan 2007
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    3

    Default Locked and blocked easement access

    We live in Virginia. We have a 50' wide deeded easement for vehicular ingress and egress over our neighbor's land to our property. The neighbor's land was recently purchased by a very wealthy developer who is also an attorney and a very nasty indivdual. We are aware of a number of people who have taken him to court for various reasons - all having to do with him abusing land use. In our case, he has built a gate across our easement and placed a large lock and chain on the gate and refused to give us the combination. Short of being the next in line to take him to court, what can we do? Our attorney has written a letter to him, but it hasn't had much effect. Can we remove the gate or cut the lock off? If we take him to court, can we sue him for our court costs? He's a rather well known individual in this area and has a history of this type of behaviour. He seems to believe his money makes him immune to the law.

    Thanks for your help.

  2. #2
    Join Date
    Jul 2006
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    2,652

    Default Re: Locked and blocked easement access

    Quote Quoting skylark
    View Post
    We live in Virginia. We have a 50' wide deeded easement for vehicular ingress and egress over our neighbor's land to our property. The neighbor's land was recently purchased by a very wealthy developer who is also an attorney and a very nasty indivdual. We are aware of a number of people who have taken him to court for various reasons - all having to do with him abusing land use. In our case, he has built a gate across our easement and placed a large lock and chain on the gate and refused to give us the combination. Short of being the next in line to take him to court, what can we do? Our attorney has written a letter to him, but it hasn't had much effect. Can we remove the gate or cut the lock off? If we take him to court, can we sue him for our court costs? He's a rather well known individual in this area and has a history of this type of behaviour. He seems to believe his money makes him immune to the law.

    Thanks for your help.
    What has your real estate attorney recommended?

    The gate is not impeding you entering or exiting your property.

    However the lock is a different situation, and if it were me, I would have a bolt cutter handy.

  3. #3
    Join Date
    Jan 2007
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    3

    Default Re: Locked and blocked easement access

    Thank you for your reply - we don't have a problem with the gate - it's the lock. Our attorney says we need to take him to court... an expensive proposition. We've asked our attorney several times about the feasibility of getting reimbursed for our costs when we win in court but he has not given is a reply. It's just so much money. We wouldn't mind if we knew we could recover it.

  4. #4
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Locked and blocked easement access

    Quote Quoting skylark
    View Post
    Thank you for your reply - we don't have a problem with the gate - it's the lock. Our attorney says we need to take him to court... an expensive proposition. We've asked our attorney several times about the feasibility of getting reimbursed for our costs when we win in court but he has not given is a reply. It's just so much money. We wouldn't mind if we knew we could recover it.
    Yes, it could get expensive taking him to court, and that is a decision you will have to make.

    Personally, I would rather play the defensive position on this one than the offensive one.

    Let him explain to the judge why he is suing you for the cost of the locks...

    However, it is your call.

  5. #5
    Join Date
    Jan 2007
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    3

    Default Re: Locked and blocked easement access

    Ahhhh..... beautiful clarity! Thank you!

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