Re: Easement-Fencing & gating of property

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On 1/16/07, K.M. Koneman wrote: Not to argue the point, but the
the installation of a gate would be considered a violation of the
right to free and uninterupted use even though I am still
providing access to the easement? If so, how is this intepreted
as being an interruption?
> On 1/16/07, Curmudgeon wrote:
>> Yes.
>>
>> On 1/15/07, K.M. Koneman wrote:
>>> I own property that has a conveyance of easement that
>>> states the landowners of the servient estate have the
>>> right to the free and uniterrupted use of the easement.
>>> I'm in the process of installing a gate at the entrance to
>>> my property with firm consideration of the right to
>>> easement remaining in effect. Even though I am installing
>>> an automatic gate, remote controls, and keypads at both
>>> sides of the entrance, (all at my expense), my neighbors
>>> are threatening a law suit. Their argument is that since
>>> they have the right to free and uninterrupted use that I
>>> cannot install a gate. I do maintain that I have the right
>>> to fence and gate my property.
>>> Does the installation of a gate violate the terms of free
>>> and uninterrupted use of the easement?