Legal Question in Civil Litigation in Connecticut
Access to private property: ingress blockage
Is it within the right of the State of Connecticut to block the access point to private property by constructing a gate across the only ingress road leading to the property? The road is an unimproved road that is not snow plowed in winter, but is the only way to get to the private property. The land owner is extremely upset by this gate restricting his access to his property.
2 Answers from Attorneys
Re: Access to private property: ingress blockage
This is a very difficult question to answer because of the lack of facts. A title search and perhaps a survey must be done on the property before I would be able to answer that question. I assume you contacted the State to try to resolve this problem. I would contact an attorney to help resolve this problem. Disputes like this can be very difficult to resolve. Tom Noonan
Re: Access to private property: ingress blockage
I agree with Atty. Noonan. This is a difficult question because of the limited facts. However, I would first find out who was the official in charge of placing the gate and why he/she believed the State had a right to do so. Then I would ask for a hearing on the matter. Are you sure it was the State of CT and not a local municipality? If it is a local municipality you would want to start at the town/city hall and find out who is in charge of placing the gate.
Regardless, the question arises whether, by placing the gate in a place that blocks egress to the property, has the State of CT,in fact, attempted to "take" the property without notice, hearing etc.
Hiring an attorney to represent you is the best approach.