Asked in Real Estate Law for Illinois

Q: The naghbor.locked the road gate , that crosses,his property.into my property. They used to be one track of land.?

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1 Lawyer Answer
Erik K Jacobs
Erik K Jacobs
  • Rockford, IL
  • Licensed in Illinois

A: Without more information, your rights are difficult to determine. A couple of questions: First, was there an access easement or agreement that was ever recorded when the land was divided? If so, then the rights and obligations of each landowner should be specified in the agreement. Second, do you have another way to access the property? If not, and there was no recorded agreement, then you may have an easement by necessity across the neighbor's property, since this is the only way you can access the property. Third, how long has the road/driveway been used? If it's more than 20 years, you may have an easement by prescription across the neighbor's property. Finally, if the road had been in existence to access your property back when both parcels of land were owned by the same person, you may have an easement by implication. You should contact a local attorney to further explore these options. I'm not sure why your neighbor locked the gate, but, unfortunately, these things can happen during neighbor disputes.

Anthony M. Avery agrees with this answer

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