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I bought land in 2013 with a road that neighbors use for…

Customer Question
I bought land in...

I bought land in 2013 with a road that neighbors use for access. It had a gate which I locked more than 2 years ago at the request of one of the neighbors who used the road. I put a sign on the gate that said it must be locked at all times and gave everyone a key to the lock. Now that the gate has been locked for almost 3 years, does that preclude a prescriptive easement even if it was not locked for the previous 15 years?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Oklahoma

Lawyer's Assistant: Has any paperwork been filed?

No

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 9 minutes by:
10/4/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 124,262
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Real Estate Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

If you had been giving consent to the others to use the road, by that use it has become an easement even if the gate is locked because you gave out keys and told everyone to keep it locked. So those who have been using the road or have the key to the gate for use still have claims to the easement. If it is a private road only available to some of the neighbors, they have easement rights and it would stop anyone who has not had access from claiming any easement rights.

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Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

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