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Gate Keypad on Access Easement

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  • 07-28-2009, 07:16 PM
    Sawman
    Gate Keypad on Access Easement
    I live in Georgia. My property borders a gated community. About 2 years ago the community put up their gate on the property line. On my property plat the community has a 30' access easement. However they put up their gate keypad on my side of the property line. Now that I am ready to build, the keypad is in the middle of where I want to put my driveway. Do they have the right to put the keypad on the easement? The keypad has been there less than 1 year. Do I have a legal leg to stand on to have them move the keypad for their gate. Home Owners association meeting is August 1st if anyone can help before then.
  • 07-28-2009, 07:25 PM
    jk
    Re: Gate Keypad on Access Easement
    it would depend on what they were allowed by the easement.

    If it was for ingress and egress only with no additional agreements or rights, then no, they could not place the bollard on your property regardless of it being on or outside of the easement. Generally speaking, the dominant tenant of an easement (that is the folks that get to use your land) cannot take any action not granted to them by the grant. More specifically, they cannot block your usage of your property unless permitted by the grant. One thing to look for in the grant is the term "exclusive use". If that is included, they may be able to treat the easement as their own property, even to the point of excluding you from using it. I would have to research your state specifically to make that statement with any certainty though.

    If that is applicable, let me know.
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