Can We Gate a Shared Driveway if the Other Property is Abandoned
Thirty (or so) years ago, my Grandfather and the next door neighbor built a bridge over a creek that flows through our properties. (We currently own my Grandfather's property). The bridge is built on the neighbor's property, and the driveway to the bridge is our property. The neighbor effectively has no access to his property without the bridge and the use of our driveway, unless he were to acquire access from the neighbor on the opposite side. The agreement has always been that both parties may use both the bridge and the driveway. It is my understanding that we both have prescriptive easements, us for his bridge, him for our driveway.
In April 2008 the neighbor abandoned the property. It has been on the market, on and off, since then and has been empty. Along with the legitimate visitors, (realtors, buyers, etc) there have been several instances of people over there who have no business being there. The house has been broken into twice, things have been stolen off the property, and odd people have been seen wandering the property in the evenings.
We would like to put up a gate at the top of the driveway to keep the so called "riff raff" out. We have no interest in preventing realtors or potential buyers from from using the driveway, nor do we foresee any problems with a new neighbor using our driveway. Can we gate the top of our driveway in the meantime? Does the neighbor lose their prescriptive easement for our driveway since no one has used it in almost 2 years? If/when the house is bank owned, does the bank then have an easement and are we required to give them an easement? Are there potential liabilities for us in granting or not granting access? If they do not have an easement anymore, are we required to grant access in the future?
Thanks for your help!
Re: Can We Gate a Shared Driveway if the Other Property is Abandoned
Your "understanding" about the nature of the easements doesn't have any legal significance. If you want to know the actual nature of the easements you have to check the title history for the involved properties. If there is a deeded easement, it may restrict what you can and cannot do.
You are talking about installing an unlocked gate? The neighboring property is now bank-owned?
Re: Can We Gate a Shared Driveway if the Other Property is Abandoned
We have an actual easement for use of the bridge filed with the county. We had it done by a surveyor and an attorney so that we could avoid conflict with any new owner. Also, our attorney advised us to get one because our 2nd parcel is located on the other side of the bridge and if we ever wanted to build on it the county would probably require us to improve the bridge. There is nothing on record, or filed, regarding the neighbor's use of our driveway.
We would like to install a temporary gate that would be locked, up until the property is sold and it is occupied. (I'll spare you the details of the gross and likely dangerous things that have gone on since it's been vacant). We would have the realtor put a lockbox on the gate so that they could have access. The property is not yet bank owned, but according to the neighbor, will be shortly.
Thanks for your help!
Re: Can We Gate a Shared Driveway if the Other Property is Abandoned
Your (former) neighbor is still technically the owner and doesn't object to that plan, and the real estate agent will go along with the lockbox idea? If so, it doesn't appear that there's anybody else who is positioned to object to your plan.
Re: Can We Gate a Shared Driveway if the Other Property is Abandoned
Thank you! We appreciate your help. Have a great day!