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  1. #1

    Default Gates Accessing Neighboring Properties

    My question involves real estate located in the State of: Florida

    Can a municipality approve a site plan that allows a person to have a gate acessing neighboring properties?

    Example - on an 80 x 125 lot, the fence would surround the property, the property owners wish to put a gate in the rear yard. What for? Dont know.

    Are there state laws prohibiting this? Or does it have to do with each local government enforcing it through ordinance?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Gates Accessing Neighboring Properties

    What are you trying to ask?

    If I want to put a series of gates all around my land, who cares? Having a gate does not translate into having the right to drive onto somebody else's land.

  3. #3

    Default Re: Gates Accessing Neighboring Properties

    Can the city approve a gate on my neighbors fence that enters my property? Or is it something I have to enforce through legal action when my neighbor decides to use it? Couldn't the city prevent this?

  4. #4
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    Default Re: Gates Accessing Neighboring Properties

    I very much doubt that there's anything in the municipal code that would prevent somebody from putting gates anywhere they want - even constructing a 'fence' entirely from a series of gates. Check and see.

  5. #5
    Join Date
    Dec 2008
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    El Dorado County, CA
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    Default Re: Gates Accessing Neighboring Properties

    If the local government has discretionary authority for approval of fence construction according to local ordinance, then they may be able to disallow gates not required for access to a public way. If you raise an objection to the building department (or whichever was the permitting agency), they may amend any approval to remove any gates to your property.

    I'm not surprised that they would not automatically disallow such gates as neighbors sometimes want such access to each other's property - easier to go back and forth from one's kitchen to the other's backyard barbeque, or for the children of both families to go from one yard to the other without having to go out near the street, etc.

    If you raise the objection, and the local agency declines to disallow (or perhaps does not have the authority to disallow) the gate or gates, there is nothing preventing you from erecting a barrier at each one. You do not have to allow access to your yard for other private parties.

    The caveat to that is if the neighbor has some sort of access right already. That may be in connection with some sort of utility easement, an easement or right of access to maintain some building or other improvement (an existing fence, maybe) which is on or very close to the property line. Such a right may be documented in a deed (theirs and/or yours), in a separate easement deed, in the Conditions, Covenants, & Restrictions of the subdivision if you live in one, or possibly even in a judgment of an earlier civil suit. Judgments affecting real property rights often get recorded in the official county records in CA, but not always - it's not a requirement. I don't know if it is a requirement or practice in FL to record such judgments.

    If the neighbor does have some documented right of access, unless the point of access is specified, you should have some say as to where you will grant reasonable access for them to adequately enjoy that right.

    Bear in mind that these comments are based upon my experience with building/permitting and title matters as they affect my job as a surveyor. If your neighbor does have some right of access, or their are odd quirks to your local laws regarding access over neighboring lands, a local professional will have to advise you. Start with whatever agency (usually City or County Building Dept) would issue a permit to build the fence. If the neighbor claims some right of access, ask for a copy of the document reflecting that access and take it to a local attorney.

    Good luck.

  6. #6
    Join Date
    Oct 2007
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    Ohio
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    2,592

    Default Re: Gates Accessing Neighboring Properties

    the property owners wish to put a gate in the rear yard. What for? Dont know.
    Why don't you ask them?

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