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Neighbor Uses Easement But Won't Close Gate

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  • 02-18-2008, 05:46 PM
    sconniry
    Neighbor Uses Easement But Won't Close Gate
    I live in California. I have a gate that I keep closed and locked for security. This has been the case for 18 years. Two years ago, my new neighbor decided that it was inconvenient to him to close/lock the gate. He enters through the gate located on my property and has an easement right to cross my land to get to his house.

    I asked him to go to mediation last year and he agreed at that meeting to close the gate. He and his attorney shook hands with me and I thought we had resolved the issue. To date, he continues to enter the property and leave the gate open. He does not even live here. He just comes over to work on his house. He never closes the gate when he leaves the property, and sometimes I am asleep and do not know he has left it open.

    Is there anything I can do.
  • 02-20-2008, 08:06 PM
    Mr. Knowitall
    Re: Neighbor Uses Easement But Won't Close Gate
    Are we to infer that you left the mediation with nothing more than a handshake - no contract requiring him to abide by the agreement? And that there's nothing in the easement language permitting you to either gate the easement or requiring him to close or lock the gate?
  • 02-21-2008, 03:09 PM
    sconniry
    Re: Neighbor Uses Easement But Won't Close Gate
    That is correct. Handshakes. No written agreements. The mediator said we didn't need to put it in writing.

    The road maintenance agreement that is recorded against the properties and references the easement has a section that refers to gates. It says in the event the owners agree to install gates to control the unauthorized use of the easement road, the owners agree to share equally the costs and expenses to install the gates and maintenance shall be as set forth in the maintenance agreement. The gate was installed and has been in use long before the new neighbor arrived and started leaving it open.
  • 08-18-2011, 06:55 PM
    Hereford
    Re: Neighbor Uses Easement But Won't Close Gate
    I have this problem too.
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