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I own a horse farm in Aiken SC. A land locked property

Customer Question
behind mine uses an easement...
I own a horse farm in Aiken SC. A land locked property behind mine uses an easement on my property for access. The current resident has put up a gate and lock thereby blocking my access to my fence line. I have spoken to the owner but to no avail. What can I do?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Aiken SC
JA: Has anything been filed or reported?
Customer: No ma'am
JA: Anything else you want the lawyer to know before I connect you?
Customer: He has placed no trespassing signs up. He does not own the property but is shutting me off of mine
Submitted: 4 months ago.Category: Real Estate Law
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Answered in 55 minutes by:
7/13/2017
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,674
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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If the easement only gives the neighbor the right to cross over your land to access theirs, then they have no right to do anything else. So they have no right to put a gate on your property. Your recourse here would be to sue them for trespass to property and breach of contract since he gate is their personal property and is legally encroaching on your land. A judge would order them to remove the gate..

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If you wanted a softer approach, you could have a local attorney send a cease and desist letter basically threatening to sue them and hold them liable for any court and attorney costs.

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I can't really tell you that you can just cut the lock and remove the gate...although people have been known to do this in a "self help" remedy..

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thanks

Barrister

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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,674
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Experience: 17 years real estate, Realtor. Landlord 26 years

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