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  1. #1
    Join Date
    May 2009
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    4

    Default Access Easement for Unwanted Walk-Through Gate

    My question involves real estate located in the State of: SC

    We built our house in a subdivision around 2002 at the end of a cul-de-sac. Our lot and the lot next to us has a 20' access easement. There is a ballfield all behind our property. Originally the access easement was going to be for a walk-through gate for our subdivision, then was being changed to an emergency entrance for the school behind the ballfield, and also talk of a second entrance into the school. We put a stop to all of this at a meeting by the Zoning Board.

    Now for my question. Can we stop a walk-through gate being put in by the homeowners association at the access easement? The homeowners association is wanting to put in a locked gate for the subdivision to get into the ballfield through the access easement. There is a large fence that circles the ballfield. The county owns the fence and not the subdivision. The school district will do whatever they have to do to get a second entrance because they misappropriated $475,000.00 for a second entrance.

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

    Default Re: Access Easement for Unwanted Walk-Through Gate

    could you explain a bit more?

    who owns the land the easement is on? What does the easement grant or any official documents state concerning the use of the easement?

  3. #3
    Join Date
    May 2009
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    4

    Default Re: Access Easement for Unwanted Walk-Through Gate

    I own the land the easement is on. I do not have any documents that define the easement. Should there have been some filed with the county courthouse? Documented on the plat it reads "20' access easement", nothing more.

    I do not know if it matters, but the adjoining property has another means of access.

    Hope you can help.

  4. #4
    Join Date
    Jan 2006
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    Default Re: Access Easement for Unwanted Walk-Through Gate

    what the easement was designated for would be of prime importance to your question. Why the easement was originally granted is what it can be used for.

    You may have to get back to the platting of the subdivision and associated documents.

    If a poster "landsurveyor" stops by, or you might PM him, I would think he would have a bit more specific direction as he is....a surveyor.

  5. #5
    Join Date
    May 2009
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    4

    Default Re: Access Easement for Unwanted Walk-Through Gate

    Can the county and subdivision put a locked gate into the fence where the access easement is for just the subdivision use and not public use?

  6. #6
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    Jan 2006
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    Default Re: Access Easement for Unwanted Walk-Through Gate

    until you have the use of the easement defined somewhere, there is no way to tell.

  7. #7
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Access Easement for Unwanted Walk-Through Gate

    jk is correct. There is no way to know the nature of the easement without the wording of the dedication.

    Look elsewhere on the plat to see if there is anything else referring to easements. We need to find out if it is a public right of way, or is something more restrictive.

    Is there one 20' easement or do you and your neighbor each have adjoining 20' easements for a total of 40'?

  8. #8
    Join Date
    May 2009
    Posts
    4

    Default Re: Access Easement for Unwanted Walk-Through Gate

    There is a 10' easement on our property with another 10' easement on the property beside us. On our plat it reads 20' Access Easement with arrows pointing to the two 10' easements.

    Would the easement have had to be registered or recorded? I searched online and it does not show the easement having been registered separately.

  9. #9
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Access Easement for Unwanted Walk-Through Gate

    Do you have the plat of the entire subdivision or only your lot with adjoiners?

    The full language will likely be only on the dedication plat, which could be a 24"x 36" drawing.

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