Can we be barred from using a road across US Forest Service land to reach our own landlocked property considering that we have used the road since 1949?

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Can we be barred from using a road across US Forest Service land to reach our own landlocked property considering that we have used the road since 1949?

Road access to our landlocked property was recently barricaded by the Forest Service and they are now asking us to apply for a permit and pay a yearly fee. I thought we had an easement by necessity or prescription. Can I legally remove the barricade? Does it matter that we paid a fee to use the road when transporting cut timber from our property? Are we required to seek easements through adjoining non-govt. land where there is no existing road?

Asked on November 16, 2010 under Real Estate Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would suggest that you seek help from a real estate attorney in your area as soon as you can.  Bring your deed with you.  There may be an easement in the deed as written and then the attorney will know what to do about it.  If not then there may be an action that you can bring as to the use of the road all this time and an implied easement if the law allows.  But look: this is the government and sometimes you can not fight and win.  So it may pay to ask the attorney about other options but I would not just move the barricade.  Good luck.


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