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  1. #1

    Default Gate on Easement

    My question involves real estate located in the State of: Minnesota Just wondering about an easement issue that i am having on a piece of property that i bought last year and am having conflict with now my new neighbor. I purchased a house and there was a private road running down the east side of the property the person i bought the land and the house from had gates installed on the private road and always had them closed because of trespass issues. When i purchased the land he asked for an easement to an empty lot behind my house threw the private road i saw no issue so i agreed now that we have closed on the property he ripped the gate out and moved a house back on the lot and i have fought with him to reinstall the gate as i have issues with multiple trespassers. He finally installed the gate and now that i try to keep it shut he has filed a lawsuit against me saying i have locked the gate and that i am blocking him from the easement. I have never locked it only put a clip to hold it shut and the gate had been there for years before his new house was. Does he have any leg to stand on now that i am just trying to keep other people off the property and is there anything i can do about him leaving the gate open or tampering with the gate? All the easement says is (reserving in favor of the grantors, their heirs and assigns, an easement for roadway purposes over and across the east 66 feet of the property) Please Help he has now been driving recklessly through the property and has harassed my wife and kids on multiple occasions starting to be a real issue he has tampered with the gate more than once i need some info.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Gate on Easement

    Quote Quoting chrisforbes08
    View Post
    My question involves real estate located in the State of: Minnesota Just wondering about an easement issue that i am having on a piece of property that i bought last year and am having conflict with now my new neighbor. I purchased a house and there was a private road running down the east side of the property the person i bought the land and the house from had gates installed on the private road and always had them closed because of trespass issues. When i purchased the land he asked for an easement to an empty lot behind my house threw the private road i saw no issue so i agreed now that we have closed on the property he ripped the gate out and moved a house back on the lot and i have fought with him to reinstall the gate as i have issues with multiple trespassers. He finally installed the gate and now that i try to keep it shut he has filed a lawsuit against me saying i have locked the gate and that i am blocking him from the easement. I have never locked it only put a clip to hold it shut and the gate had been there for years before his new house was. Does he have any leg to stand on now that i am just trying to keep other people off the property and is there anything i can do about him leaving the gate open or tampering with the gate? All the easement says is (reserving in favor of the grantors, their heirs and assigns, an easement for roadway purposes over and across the east 66 feet of the property) Please Help he has now been driving recklessly through the property and has harassed my wife and kids on multiple occasions starting to be a real issue he has tampered with the gate more than once i need some info.
    You honestly need a consult with a local real estate attorney.

  3. #3
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Gate on Easement

    You are being sued. You need a lawyer.

  4. #4
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Gate on Easement

    For more information about being sued, read the following:

    Minnesota Judicial Branch - Civil Actions

    What to Do If You Are Sued | LawHelp Minnesota

  5. #5
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Gate on Easement

    Quote Quoting chrisforbes08
    View Post
    My question involves real estate located in the State of: Minnesota Just wondering about an easement issue that i am having on a piece of property that i bought last year and am having conflict with now my new neighbor. I purchased a house and there was a private road running down the east side of the property the person i bought the land and the house from had gates installed on the private road and always had them closed because of trespass issues. When i purchased the land he asked for an easement to an empty lot behind my house threw the private road i saw no issue so i agreed now that we have closed on the property he ripped the gate out and moved a house back on the lot and i have fought with him to reinstall the gate as i have issues with multiple trespassers. He finally installed the gate and now that i try to keep it shut he has filed a lawsuit against me saying i have locked the gate and that i am blocking him from the easement. I have never locked it only put a clip to hold it shut and the gate had been there for years before his new house was. Does he have any leg to stand on now that i am just trying to keep other people off the property and is there anything i can do about him leaving the gate open or tampering with the gate? All the easement says is (reserving in favor of the grantors, their heirs and assigns, an easement for roadway purposes over and across the east 66 feet of the property) Please Help he has now been driving recklessly through the property and has harassed my wife and kids on multiple occasions starting to be a real issue he has tampered with the gate more than once i need some info.
    Are we to assume that this gate is at the beginning of the private road where it intersects with a public highway? Or is it somewhere else along the easement? Do you also use the gate to access your property?

    The courts have long recognized the need for gates on easements in limited circumstances such as retention of livestock and security as long as the dominant estate has easy access to open the gate. All the facts matter and there is no way to know how a Minnesota court would find based on your history and set of facts. I found no Minnesota case law on point but I also have very limited search ability.

    You need to find an attorney that actually litigates easement cases and has a track record. An attorney that just closed on real estate will not do.

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