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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2851
Experience:  30 years of experience
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When an old community back road is vacated and there is a

Customer Question

When an old community back road is vacated and there is a document stating that it is vacated do you as the property owner of that vacated road have to leave legal access to the back of another persons house? The reason I am asking is because there is only one house on that community back road that does not have vehicle access to the back of their house without driving on this vacated road. And they are the reasons I am looking into putting a fence up on my part due to them bringing trailers full of junk and metal out and loosing it all over our yard.
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If I am understanding your question correctly, persons whose property are landlocked usually will have what is called an easement of necessity. In essence this means that one must be permitted some sort of access to their own property. But that access may be restricted to the least disruptive to the other landowners whose properties may "lock" the party seeking the easement. But if there is alternative access, then no implied easement exists.

In other words, if this old road which is on your property is the only access to your neighbors property you can not block it with a fence. However if they have access otherwise (as to the front of their property) then you can erect your fence on your property.

This article explains easements in detail:

http://www.wisbar.org/newspublications/wisconsinlawyer/pages/article.aspx?Volume=77&Issue=7&ArticleID=666

One word of caution. If he has been using this access for a long time he may be able to claim an implied or constructive easement. The way these issues are ultimately resolved (if you can not come to an agreement with the neighbor) is through an "Action to Quiet Title." You would want to discuss that with a real estate attorney in your area.

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.