Results 1 to 2 of 2
  1. #1

    Default Putting A Gate At The End of a Right-of-Way in North Carolina

    I'm no real estate lawyer. Help!

    My father in law owns a large piece of property with a small parcel carved out of it owned by another landowner. Let's call her Eve. For years, Eve has enjoyed an easement to cross a portion of my father in law's property in order to access the public road; otherwise, she does not have such access. It is my belief that this easement is part of the deed which she holds as the property owner.

    This year, my father in law has decided to add a gate to the driveway at the point where it meets the public road. The gate will ultimately have a numeric code entry system (for us) with an alternative "clicker" which also opens the gate (for Eve).

    Predictably, Eve is resisting this change in her traditional enjoyment of her easement, and has blustered on and on about contacting a lawyer. As part of her bluster, she has blocked the driveway on several occasions with her car in order to prevent workmen from entering my father in law's property to work on his property (lawn work, improvements to the house, etc.). She has never done this before now.

    Two questions.

    First, absent anything in the written easement in the deed concerning a gate, does my father in law have the legal right to install the gate on his own property, even though it arguably interferes with Eve's enjoyment of her easement? I say "arguably" because she will be able to enter and exit at will with her clicker.

    Second, is it correct to say that Eve's easement only grants her access to the portion of my father in law's property covered by the easement for the purpose of ingress and egress to and from her property? If this is a correct statement of the law of easements, she has absolutely no right to park her car on the part of my father in law's property subject to the easement.

    Any help would be greatly appreciated.

  2. #2

    Default Re: Annoying easement issues in NC

    Normally a gate would be allowable with the provisions you have indicated and you are correct in that she cannot block your access. I would send her a "cease and desist" letter CRRR. You first need to check the exact language in her deed to be sure it is only an easement.

    1. Sponsored Links
       

Similar Threads

  1. Driveway Easement with a Gate in North Carolina
    By lbabcock in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 03-13-2010, 10:51 AM
  2. Minor in Possession: MIP in North Carolina
    By IceCreamShop in forum Criminal Charges
    Replies: 5
    Last Post: 01-30-2010, 09:53 PM
  3. Non-Compete Agreements: Pay Cut In North Carolina
    By wreese576 in forum Employment and Labor
    Replies: 1
    Last Post: 11-20-2008, 08:16 PM
  4. Speeding Tickets: South Carolina Speeding Ticket, North Carolina License
    By kesco in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 03-11-2008, 04:40 PM
  5. Putting a Gate on a USDA Easement
    By annie george in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 12-24-2007, 10:54 AM
 
 
Sponsored Links

Legal Help, Information and Resources