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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31769
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I deeded a 15 strip of. Land which was access to my property

Customer Question

I deeded a 15 strip of. Land which was access to my property to a person who owned property on both sides of it because he was told he could not operate unless the two properties joined.being what I thought we were friends I deeded the property to him free with the deed saying I would keep the right of way to my property in this strip. he has installed three locked gates at different locations on this drip giving me a key and said I would have to open and close and lock three gates. Does he have this right?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'm a lawyer in Tennessee. I'll be glad to assist.

If you reserved a right of way, you have the right to use the strip of land for ingress and egress.....and as long as the neighbor doesn't impede you, then he's not acting improperly. Thus, the question becomes whether or not the locked gate prevents you from accessing the property.

Expert:  Roger replied 1 year ago.

Thus, if he's given you a key, then he's not likely inpeding your right to ingress and egress.

Expert:  Roger replied 1 year ago.

So, if there was no provision that prohibited gates in the easement you reserved, he likely can have the gates and keep them locked.....

Expert:  Roger replied 1 year ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!