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  1. #1
    Join Date
    May 2012
    Posts
    3

    Default Putting Gates Across Easements

    My question involves an easement in the state of: NM. I have and easements on the east and south sides of my property. I'm putting up a fence, and the owner to the property to the south has confronted me about putting driveway gates on my fence. He treathens that I do not have access to the easements to the east and south because he owns them. Is that true?

    Thanks,
    Dennis

  2. #2
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    201

    Default Re: Easements

    Just to clarify - do you benefit by the easements to the east and south, or are you burdened by them?

    If you benefit by the easements, you will likely be able to build a fence up to the far edge of the easement(s) which you control. If you install gates, you might have to share a combination or a set of keys with your neighbor, IF he also has rights over the easement(s).

    If you are burdened by the easement(s), the situation is likely reversed; where your neighbor may have a right to build fences but also might have to share combinations, locks with you.

    It would be helpful to know who benefits by and who is subject to the easements, and also to see the exact granting language for the easements.

  3. #3
    Join Date
    May 2012
    Posts
    3

    Default Re: Putting Gates Across Easements

    I would benefit by the access of the easements. The neighbor would not have a need to use the gates as they would just allow me access to my back yard. Which is something I currently only need to do a few times a year. I can access my yard from another easement, for for emergency purposes I wanted to put up the gates.

  4. #4
    Join Date
    Jan 2006
    Posts
    25,707

    Default Re: Putting Gates Across Easements

    not real clear. Make this real easy:

    who owns the dirt the easement is on?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  5. #5
    Join Date
    May 2012
    Posts
    3

    Default Re: Putting Gates Across Easements

    See diagram.

    | | e
    | my property | a
    | | s
    | | e
    ----------------- m
    |easement | e
    | = = = = = n =
    | neighbor's | t
    | property |
    | |


    My land on top, the neighbor's on the bottom. The easement runs down the east side of my land and connects to the easement on the north side of the neighbor's land,( south of my property). I'm being told that being that the easement is against my property that I have access?

    devon_wayne@yahoo.com

    The neighbor owns the dirt for the easement.

  6. #6
    Join Date
    Jan 2006
    Posts
    25,707

    Default Re: Putting Gates Across Easements

    Quote Quoting devonwayne
    View Post
    The neighbor owns the dirt for the easement.
    That's what I was looking for.

    Now, do you have any documentation to prove you have the right to use the easement? If you are not a dominant tenant (one who has the legal right to use an easement), you have no right to use the easement unless the servient tenant (the guy that owns the dirt) gives you permission.


    If you have a right to use the easement, you can fence up to the easement and you can put gates anywhere along that fence you want to and enter the easement as you choose, barring any language in the easement documents that says otherwise.

    The easiest way to find out if you are a dominant tenant is to have your property surveyed being sure to mention to the surveyor your concerns with the easement. Other than that, it will take some research on your part to find out if you are a dominant tenant or not.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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