Can a neighbor put up gates to block a main entry road that we have used for 14 years?

UPDATED: Jul 31, 2014

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Can a neighbor put up gates to block a main entry road that we have used for 14 years?

We have proof through our closing statements that we have legal access through this road only.

Asked on July 31, 2014 under Real Estate Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The neighbor cannot install gates blocking a road which is  the only access to your property.

You have an easement by necessity which allows you to use the road to enter and exit your property.

You can sue the neighbor and seek a declaratory judgment from the court which will establish your easement by necessity for ingress and egress (entrance and exit) to and from your property by the only access road.

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 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.

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