Results 1 to 5 of 5
  1. #1
    Join Date
    May 2014
    Posts
    2

    Default Gate Across Access Easement

    My question involves real estate located in the State of: Texas
    I own landlocked property and have an access easement to my property. The easement has a common gate at the road shared by both parties (Neighbor A and myself). My easement follows the fence line of another neighbor (Neighbor B) all the way to my property. Currently there is no fence between my property and Neighbor A. Our joined property has a fence all around it, just not between them.

    Neighbor A is selling their property. I was contacted by the new owner and he wants to put a fence up between our properties. Was very nice and asked questions about any preference we had in fence, gate, etc. and also inquired about sharing the cost of the fence.

    In order for Neighbor A to put a fence up between our properties, it would have to cross my access easement - hence his acknowledging that a gate would be needed.

    I'm looking at my options here (and am not saying which way I would go here), but do I have to allow him to put a fence/gate up across the access easement, or can I request that the fence go along the access easement all the way to the front gate.

    I guess the way I look at it is, why should I have to go through 2 gates just because he wants a fence up. If he wants, he can run a fence up to where the 2 driveways join, and then put in a gate on his portion.

    Thank you in advance!!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Gate Across Access Easement

    Are you saying that there is a gate where A's property meets the public roadway currently and the new owner of A wants to put a fence where your easement ends and enters your property?


    unless there is something saying he cannot put up a gate across his property he can fence his property and put up a gate.

    you have no obligation to close the gate though, unless he has animals.


    yes, it would be simpler for him to leave the easement unobstructed but it is his property and he can do anything he wants with it unless he inhibits your rights.

  3. #3
    Join Date
    May 2014
    Posts
    2

    Default Re: Gate Across Access Easement

    The easement document explicitly grants Neighbor A the right to put a gate where the easement meets the road as long as we have any keys or devices necessary to use the gate. It further states that Neighbor A has the "right to continue to use and enjoy the surface of the Easement Property for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Holder" (me) "for the Easement Purposes."

    Later on it goes on to say that I have the "right to eliminate any encroachments into the Easement Property."

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Gate Across Access Easement

    Quote Quoting TxThundr
    View Post
    The easement document explicitly grants Neighbor A the right to put a gate where the easement meets the road as long as we have any keys or devices necessary to use the gate. It further states that Neighbor A has the "right to continue to use and enjoy the surface of the Easement Property for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Holder" (me) "for the Easement Purposes."

    Later on it goes on to say that I have the "right to eliminate any encroachments into the Easement Property."
    well, best of luck to ya. If he puts up a gate, if you remove it, you have committed a crime. If you think your grant prevents him from placing a gate, you will have to let the judge decide.

  5. #5
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Gate Across Access Easement

    not worth a costly legal fight and making enemies out of a neighbor even if you do win in court.

    1. Sponsored Links
       

Similar Threads

  1. Easement Use and Enforcement: Rear Gate Access
    By calicocat in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 04-19-2014, 01:04 PM
  2. Easement Use and Enforcement: Obstruction of a Rear Access Gate
    By AmcJ in forum Real Estate Ownership and Title
    Replies: 6
    Last Post: 12-23-2013, 01:46 PM
  3. Easement Use and Enforcement: Gaining Ownership of a Gate on an Access Road
    By wdover40 in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 11-01-2011, 07:41 PM
  4. Gate Keypad on Access Easement
    By Sawman in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 07-28-2009, 07:25 PM
  5. Access Easement for Unwanted Walk-Through Gate
    By klee5555 in forum Real Estate Ownership and Title
    Replies: 8
    Last Post: 05-04-2009, 07:13 PM
 
 
Sponsored Links

Legal Help, Information and Resources