Q: My deed includes a right of way through my neighbor’s adjoining land for the only available access to nearby public road
but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?
A: Reciting a ROW in your Deed and/or chain of title means nothing. The Easement must be in the servient tenement's title. Hopefully you have an express Easement or at least by Prescription. You must hire an attorney to search both titles, and probably file suit to Declare or Enforce a ROW. It will not be easy or cheap. Otherwise your property is worthless.
A:
I agree that you need to hire an attorney to figure things out. If you have a real easement meaning everything checks out then you can get an injunction to stop them from locking the gate.
If you do not have a recorded easement then you have a big problem that you need to address with an attorney. You may still have a prescriptive easement or other but it will not be clear cut.
Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
