Re: Easement-Fencing & gating of property

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How do they get free and unfettered access to the property if
there is a gate blocking their way?

On 1/16/07, K.M. Koneman wrote:
> 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?