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  1. #1
    Join Date
    Oct 2007
    Posts
    4

    Unhappy Gated Fence Added to a Driveway Easement

    We have a driveway easement listed on the Deed of Trust in North Carolina. The easement allows us to access our landlocked house from the back yard. The owner of the lot that the easement sits on is in the process of building a gated fence across the easement. We did not approve of the gate. Was she required to get our agreement to build the fence? We do not particularly want a gated fence in the middle of our easement--do we have any say in this matter?

    One more thing, it is a third neighbor that took it upon himself to build the six foot high brick columns to support the gate. He did not get permission from the owner of the property--he thought the pillars would look "nice," so he built them. Is he guilty of trespass?

  2. #2

    Default Re: Driveway easement--new fence added

    It depends on the particular language in the documents and state law but a landowner can normally put a gate across an easement. It is still their property. They have to either leave it unlocked or give you a key. The brick columns are not your issue.

  3. #3
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Driveway easement--new fence added

    Easements are not created by deeds of trusts (i.e., similar to mortgages).

    So, find the language creating the easement (it should be on your grant deed) and let us know what it says.

  4. #4
    Join Date
    Oct 2007
    Posts
    4

    Unhappy Re: Driveway easement--new fence added

    DEED OF EASEMENT
    " . . . the right of ingress and egress over the portion of the property of the party of the first part herinafter described, to the eastern end of their property, by motor vehicle or otherwise, whether or not promptly or regularly exercised; "

    There is not enough room to drive a car through the two brick pillars. Problem?

  5. #5
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Driveway easement--new fence added

    It's possible that the owner of the land where the easement runs is overburdening the easement by creating all these obstacles.

    Hire a good real estate lawyer.

  6. #6

    Default Re: Driveway easement--new fence added

    If there is not enough room to drive through the pillars you can request their removal. I suggest that you try to work this out without resorting to an attorney.

  7. #7
    Join Date
    Oct 2007
    Posts
    4

    Default Re: Gated Fence Added to a Driveway Easement

    The owner has agreed to have the brick pillar and footing removed.

    This whole episode (and recent break-ins) got me thinking about using the driveway easement to park a car on my property. (Currently we park on the street). Several large trees sit on the easement now. Is it the landowner's cost to remove the trees to clear the easement?

    If we wanted the driveway easement to be paved (gravel, brick, concrete, etc.), I assume this would be our cost and that we would need the land owner's approval for such resurfacing.

    When we purchased our house the lot with the easement was wooded. The owner built her house several years ago. She did not have trees on the easement removed when the lot was cleared to build her house.

  8. #8

    Default Re: Gated Fence Added to a Driveway Easement

    It would be your responsibility to remove the trees and only as required for access. Paving could only be done with the approval of the landowner. I suggest you also get approval before cutting the trees. Some cities also have a tree ordinance. A person in our area has just been fined 48,000.

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