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  1. #1
    Join Date
    May 2009
    Posts
    9

    Default Gate on an Easement Driveway

    hi,

    just purchased a house in California. it is at end of a road. another 300' of dirt road goes leads to my house. my neighbor (empty land) also use this 300' of dirt road (which I own) to access her land through easement.

    We get a lots of foot traffic (and some vehicles) coming into our property to my front door, we have city view on our property. most think it is part of the city road. I've put up signs, but still get a ton of traffic.

    can I install a gate, give remote to my neighbor so she can still have full access if needs be ? I've tried talking to her, but still haven't agreed after a few months. She is also giving me other problem, not friendliest neighbor, even though she doesn't live there.

    She also insist that any maintenance I do on my 300' of dirt road, I will need her permission. is that true ?

    thanks.

  2. #2
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Gate on an Easement Driveway

    What does the easement state? Generally, the dominant tenement is responsible for the maintenance. That may be you if you use the road a majority of the time. As the Grantor/owner/dominant tenement you do not need her permission to maintain the road. And yes, you can install a gate and give her a key or remote. When does the easement expire?

  3. #3
    Join Date
    May 2009
    Posts
    9

    Default Re: Gate on an Easement Driveway

    thanks.

    this is what my title report reads. There are 2 different easement, I am pretty it is this one:

    "AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES TO BE USED IN COMMON WITH OTHERS OVER THAT PORTION OF LOT"

    the other one says:
    "A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES TO BE USED IN COMMON WITH OTHERS,"

    I am one of the pre-paid legal thing, did a quick check with a lawyer, he said I can not build a gate w/o neighbor's consent, whether I gave neighbor a remote or not. when I talked to neighbor, she wants the gate certain way and style.

    She has also just put up an ugly chain-link fence between a short section between my and her property. problem is it sits just 15ft from my house. I offered to put up a new white picket fence, but she said she prefer the chain link fence. is there anything I can do ? other than put up another full height wooden fence on my side of property that blocks out sun and view. I bought the house because its country style living in Los Angeles (5 acre land), but it seems I have to put up with a big closed in fence right at my front door.

    I am just confused , it is my land, I am willing to pay for the gate, I am paying for the maintenance of the dirt road. and it seems I can't do anything w/o neighbor's permission. She has given another neighbor a hard time also. she doesn't even live there.

    just want to be clear, does easement mean giving neighbor access, that's it ?

    sorry for the ranting.

  4. #4
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Gate on an Easement Driveway

    You may want to have a paid real estate attorney review the easement language, local and state laws for a solution.

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