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Driveway Easement with a Gate in North Carolina

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  • 03-13-2010, 07:23 AM
    lbabcock
    Driveway Easement with a Gate in North Carolina
    Our house is situated behind our neighbor's. There is one driveway which we own and both of us use. Our neighbor has an easement to use the driveway. The actual easement extends down the driveway well past the turn in to his house. Part of the easement borders his property and the rest borders our land. We have installed an automatic gate across the driveway but well past the turn in to our neighbor's property. He is not landlocked, has road front access, and can easily access any part of his back property without using the driveway. The deed states the easement is for "ingress, egress and regress", which the neighbor has. He has hired a lawyer and wants us to remove the gate, even though he can get into his personal drive with no problem. There is no need whatsoever for him to be on the part of the drive that borders our property, since there is only one way in and out of the property and that is the shared driveway. Does he have a case?
  • 03-13-2010, 10:51 AM
    LandSurveyor
    Re: Driveway Easement with Gate - North Carolina
    Quote:

    There is no need whatsoever for him to be on the part of the drive that borders our property
    This is where many misunderstand the concept and status of a deeded easement. Necessity or need to make use of such an easement is irrelevant.

    If the easement is otherwise valid, your placement of a gate excluding the dominant tenant could be seen as a hostile act, and in fact that seems to be the case.
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