Neighbor Trying to Landlock Me
I own 5 acres behind 5 acres that border the road. I have been here about 10 years. He has been there about 5 years. My abstract shows i have a 20 foot easement through the front 5 acre property - this is the lane to enter and leave my property - this road has been here forever. The new owner of the front 5 acres recently had his land surveyed because he wants to put up a fence and keep horses there. I have no problem with that. However he sent me a bill for 1/2 of the survey fees ($500 I don't have). He did not discuss this with me and I had no need for a survey so am I legally responsible for a bill that he wanted and he created. This survey does not benefit me. Also he has told others that when he gets his fence up he intends to put a gate at the road and another at the beginning of my property. Can he legally block my right of way? Would I legally have to get out of my car and go open a fence and get back in my car 2 times everytime I come and go from my home. And what he chooses to put a lock on these gates? what if I have company? What if I need an ambulance backthere? Thanks for any help on this. I live in Illinois
Re: Neighbor Trying to Landlock Me
Where on the property is the road? Along the edge, or through the middle? Because if it's along the edge, or can be PUT along the edge through agreement, it would detract minimally from your neighbor's use, since the fence could be inside the road.
If you don't agree to that, then you could get a prescriptive easement based on the long use of the road.
I don't know how the court would treat you having to open a gate every time. Perhaps an automatic gate with a remote opener would be an option.
z
Re: Neighbor Trying to Landlock Me
The lane curves around where there used to be trees (he has cut them all down) but it is no more than 20-30 feet at any given spot away from the outer property line of the section he owns. He has probably 40 acres here and I have the southwest corner, comprised of 5 acres. Also, would the 3rd party who owns the property adjacent to his (along the front 5 acres) also be included any survey cost as well as me? Needless to say he wants my 5 acres so is trying to make my life miserable and drive me out. Thank for responding.
Re: Neighbor Trying to Landlock Me
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sherrybb
Can he legally block my right of way?
he isn't blocking your ROW.
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Would I legally have to get out of my car and go open a fence and get back in my car 2 times everytime I come and go from my home.
Ya, pretty much.
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And what he chooses to put a lock on these gates?
that could be a problem since that would restrict access to your property but some have argued this and lost as long as they were provided a key.
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what if I have company? What if I need an ambulance backthere?
that is your argument in court to not allow a locked gate.
Oh, and unless you agreed to pay the $500, you don't owe it.