I bought a 40 acre parcel in Mendocino County, California 3 years ago. There was no recorded easement, just the straight title. Back in 1963, it was part of a much larger property owned by the "Hogdes". In 1984, the Hodges sold part of that Property to the "alberas" and the other two 40 acres to me, and one to someone else. The only road access is through the Alberas, in which there is a chain across the road that is padlocked. Upon asking the owner for a key to the lock, he refused.
I know that there is an implied easement here, and I've written a letter to the owner explaining so, I've also called them numerous times. They will not give me permission to use the roads.
My question is, can I just put my own lock on that gate and go through, and let them deal with the legal hassle, or should I sue him for access. in the meantime, all I want to do is get to my property. Am I trespassing?
I've already spent thousands on a lawyer for advice. I'm out of money and need better advice