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  1. #1
    Join Date
    May 2007
    Posts
    1

    Default Requiring Use Of A Gate For An Easement

    I just sold an adjoining property containing a house, garage, and parking area next to my business. Their garage and parking area are land locked. There is a driveway that is shared with the new owner, who has been given right of way access in a written agreement. To keep unwanted vehicles out of the driveway overnight for the past 40 years, I have stretched a heavy chain accross the entrance every night during nonbusiness hours. The new owner has converted the house into a rental unit and is currently renting it to a tennet. The tennet is using the parking area via my driveway for his vehicles to be parked in overnight. Now here's the problem. The new tennet refuses to put the chain up overnight. Every day after I leave work, I put the chain up. Every morning when I come into work the chain has been left down on the ground, presumably overnight. There is nothing written in the agreement pertaining to this chain. Is there anything I can do to enforce the chain 'rule' of keeping it up overnight? Here is a link to the actual agreement with names taken out. CLICK HERE TO SEE THE AGREEMENT

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Requiring Use Of A Gate For An Easement

    There's nothing in the easement permitting your use of a gate, chain or other barrier, and nothing in it requiring their cooperation with a barrier.

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