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ANRAM
04-20-2006, 06:30 PM
My parents have a total of 20 acres in north Georgia. At the back edge of their property, 64 acres were sold and a home was built. An old road on the property when my parents bought the 20 acres still remains. We used this to go back into the woods to hunt or just see nature. When this home was built, my dad verbally gave the owner permission to use the old road (an old dirt road), until the owners could build another road out to the main highway,but nothing was in writing. Since then, the owner of the home at the edge of my parents' property sold several acres in front of her. In years past my parents used to put up a gate to keep people from accessing the back of their property, however, since this home was built the gate is no longer used and the owners have never built another road for access to their home. This property and home has been sold recently and it has been noted in the local newspaper that the new owners have requested and been granted incorporation...of what I'm not sure, as I no longer live there....this was told to me by my mother.
MY QUESTION - Can a gate be placed to keep these new owners from using the "old" dirt road on my parents' property....in essence it would landlock the new owners....so I do not believe it can be done. They could build a road through the pasture of the land they sold, but permission would have to be granted from that owner.
HELP! :confused:

elklaw
04-20-2006, 10:50 PM
You need to consult a local attorney. As a practical matter, any landlocked landowner has to get an easement by necessity to get access to a road, but you have said nothing to indicate that you cannot put a fence up. Factors such as the land formation, which route is the most usable and natural one to a main road are factors here, so you need to consult a local attorney on this.

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