Wrote letter to whom? What gate?
Key for what? The gate? Whose realtor provided it?
Our neighbor received a key from Duckworth realty to our gate at the entrance to the river on our property.
Grantor's heirs? That wouldn't make sense. Did you mean "grantee's heirs"?
Actually the deed says, Grantor's heirs successors and assigns. The uncle was trying to reserve right of way to the river for his family. I just wanted clarification on the statement. The neighbor keeps pushing the easement issue. If her deed has this clause recorded in the courthouse, would it give my husband, the Grantor's nephew and the Grantor's son access to use the 20ft easement to the river also. This would also cross the neighbor's land.
Plat maps don't "give" anything. They merely describe something.
Okay, it was stated on the plat that river access is given to lots 1-8 owners. So this would not hold up in court?
When you say you own the easement, does that mean you own the dominant estate (i.e., the piece of property whose owner is entitled to use the easement) or the servient estate (i.e., the property on which the easement is located)? Also, this statement seems to contradict your earlier statement that your "[n]eighbor has 20ft easement." How can the neighbor "have" the easement but you "own" it?
Let me explain more. I own the servient estate. The easement is located on my property. The neighbor has a deed which states a 20 ft easement for ingress and egress access only exists.
You'll have to do a much better job of explaining the facts for anyone to have any chance of opining about these matters.
The neighbor had her lawyer send a letter to us with intent to sue if we did not remove our gate from the entrance. The gate has been located at the entrance and locked with key access since 1980. The neighbor bought the river property last year. Their realtor gave them the key to access the gate. They started an Airbnd business at their cabin and refused to keep the gate locked. She said she did not live in a gated community. We just want the gate to remain for security of our property. She also hired a contractor to place limestone rocks and pour concrete on the road into our property where the easement lies. No one contacted us beforehand. Now the concrete is causing the road to wash drastically since it runs down hill towards the river. Every rain it gets worse. Also, she states she has all these rights by Georgia law to use the easement however she wants and maintain the easement however she wants.
Most easements are restricted in some manner.
