Posted by Dean on June 23, 2011 at 07:01:07 from (68.46.208.21):
In Reply to: Right of Way - gate - posted by RonGrzywacz on June 23, 2011 at 06:28:55:
Is there a written easement? If so, the terms and conditions of the document control, unless the rights have been altered by perscription.
If no written easement exists, the terms and conditions of the "right of way" are not specifically defined unless and until such is drawn up, signed and recorded or the issues are litigated in a court of law.
In any event, as property owner, the burden of enforcing your property rights remains with you and you can loose such rights if you do not.
If, the general public has not yet acquired the right to use the road by perscription, you will need to enforce your rights to assure that it does not.
If is not possible to answer the specific gate question from the available information.
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