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  1. #1

    Default Gating an Easement

    My question involves an easement in the state of: massachusetts

    I own a property with a driveway where an existing easement has been for 20 years for abutters to park their cars. Its my private property. We also park our cars in the same general area and access over the same easement. The only thing the abutters have is access/parking in their easement. No other use. We want to gate our driveway with a remote controlled gate. So as they or us pull up we/they press a remote controlled button and open the gate. The gate will auto close right after. There will also be a button on the gate for fire/police access. No keys, locks etc. basically anyone who presses the button can get in. Would the court consider this reasonable access? Can i put up a gate and send them remotes? The people are not disabled, they are fully functional. They don't even have to get out of their car. Is there case law that says i cant do this?

  2. #2
    Join Date
    Jan 2006
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    20,682

    Default Re: Gating an Easement

    how far from the gate to the neighbors house? How do you propose their guests and mail/ups/fed ex will be able to access their house?
    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.

  3. #3

    Default Re: Gating an Easement

    "how far from the gate to the neighbors house? How do you propose their guests and mail/ups/fed ex will be able to access their house?"

    This question doesn't answer my question.

  4. #4
    Join Date
    Jan 2006
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    20,682

    Default Re: Gating an Easement

    Quote Quoting louisroberts
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    "how far from the gate to the neighbors house? How do you propose their guests and mail/ups/fed ex will be able to access their house?"

    This question doesn't answer my question.
    I don't recall seeing the part about the button on the gate the first time I read it. If that is all it takes to get in the gate, I don't really see a purpose for the gate. While I was going to give you an answer, since you are in such a demanding mood, I'll let somebody else help you out.
    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

    Default Re: Gating an Easement

    I thought I made it pretty clear. They only have access to park their cars. No guest, no mail. They have access to their houses elsewhere. The gate is to keep people from pulling in the driveway. Which is pretty much the purpose for gates.

  6. #6
    Join Date
    Jan 2006
    Posts
    20,682

    Default Re: Gating an Easement

    Quote Quoting louisroberts
    View Post
    I thought I made it pretty clear. They only have access to park their cars. No guest, no mail. They have access to their houses elsewhere. The gate is to keep people from pulling in the driveway. Which is pretty much the purpose for gates.
    actually, no, you did not make that clear at all. I cannot figure out how they can get to their house from their car if they have access elsewhere but not at this location so I guess I'll just have to pass on this one.
    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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