Can You Lock a Gate to an Easement
My question involves an easement in the state of: New York
Hello, in 1970 my father purchased 68 acres of land that included a house. Eventually he sold 4.6 acres and the house to my Uncle who later sold the land and house to the now current owner. When my Uncle sold he had a 22 foot wide 66 foot long Easement recorded by a licensed Land Surveyor to provide access to our barns. The current owner is threatening to put up a gate and lock it; she has said she will supply me with a key. My questions are:
1. Can she put a lock on the gate?
2. Who does an Easement grant privileges to?
3. Can I have copies made of the key and share them with my brothers, sisters and extended family members?
4. If she puts the gate up on a 22 foot wide easement how wide does the gate have to be?
5. Who pays for the surveying to ensure the easement is laid out correctly?
Thank you
Re: Can You Lock a Gate to an Easement
What is the exact granting language for the easement?
Re: Can You Lock a Gate to an Easement
I am not sure, currently all I have is the Surveyors map calling out the easement. Where would I fine the Granting language?
Re: Can You Lock a Gate to an Easement
It will be in the land records somewhere. If you can't get assistance from someone in the court house in looking it up, you'll have to employ a laywer or title company to research it for you.
Re: Can You Lock a Gate to an Easement
It seems as if the surveyor found the easement somewhere. If there is no book and page referenced on the surveyor's plat, try contacting the surveyor and ask about it.
Re: Can You Lock a Gate to an Easement
I went to the Livingston County Clerks office and found the deed. The below is paragraph three from that deed, FYI Art and Rita Partridge are my parents
EXCEPTING AND RESERVING, HOWEVER, to Arthur and Rita Partridge, their distributees and assigns a Right of Way for the purpose of ingress and egress over a driveway running from Reed Road to that portion of Arthur and Rita Partridge’s premises lying west of the premises being conveyed herein. Said driveway is approximately 22 feet wide and 99 more or less feet long and enters the premises herein conveyed from the southerly boundary of Reed Road at a point approximately 50 feet east of the northwest corner of the premises being conveyed herein.
1. Can she put a lock on the gate?
2. Who does an Easement grant privileges to?
3. Can I have copies made of the key and share them with my brothers, sisters and extended family members?
4. If she puts the gate up on a 22 foot wide easement how wide does the gate have to be?
5. Who pays for the surveying to ensure the easement is laid out correctly?
Re: Can You Lock a Gate to an Easement
1. Can you make her remove a lock that she installs? It would appear so. See Falco v. Minzner, 28 Misc.2d 300, 213 N.Y. S.2d 625 (1961).
2. "Arthur and Rita Partridge, their distributees and assigns".
3. I don't see what would stop you from making a copy for every person in the state.
4. Wide enough not to interfere with the lawful use of the easement.
5. Whomever is making an issue of how the "easement is laid out" such that a survey is required.
Re: Can You Lock a Gate to an Easement
I like the sign in name - Mr Knowitall, nice!
I wanted to say THANK YOU for taking the time to help.
Re: Can You Lock a Gate to an Easement
Hello Again
So the situation has not gotten any better. My Neighbor has put a barrier across the easement, I won’t call it a gate because it is not “hinged”, a barrier is tied to a post with string and it weighs 132 lbs. My question is this. In NY State can you gate an easement if it creates a inconvenience or hardship?
Can you site a NY State case that set a precedent?
Re: Can You Lock a Gate to an Easement
Hello Again
So the situation has not gotten any better. My Neighbor has put a barrier across the easement, I won’t call it a gate because it is not “hinged”, a barrier is tied to a post with string and it weighs 132 lbs. My question is this. In NY State can you gate an easement if it creates a inconvenience or hardship?
Can you site a NY State case that set a precedent?