Re: Easement-Fencing & gating of property

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Dear Koneman,

Have you evaluated to determine the character and scope of the
prescriptive easement with your neighbor? What is the purpose of
the easement? Is the easement to be utilized for the purposes of
ingress and egress? Does your new gate interrupted with the term
(s) of the easement in term of going in and out?

What type(s) of easement to you have; prescription or implied, or
express etc. However easement depend on your State Law they're
vary from one state to the other.

Some of the easement depend on continuous use for a prescriptive
easement to become binding is generally between 5 and 30 years
depending upon local laws (usually based on the statute of
limitations on trespass). Generally, if the true property owner
acts to defend his property rights at any time during the required
time period the hostile use will end, claims on adverse possession
rights are voided, and the continuous use time period resets to
zero.

In some jurisdictions, if the use is not hostile but given actual
or implied consent by the legal property owner, the prescriptive
easement may become a regular or implied easement rather than a
prescriptive easement and immediately becomes binding. In other
jurisdictions, such permission immediately converts the easement
into a terminable license, or restarts the time for obtaining a
prescriptive easement. As I have questions above is all depend on
type of easement and the state law etc.

However, assuming the allegy party still enjoyed and have access
to the easement regardless of the present of the gate I don't
believe that you have violating anything (depending on type of
easement agreement with the allegy party).

Thanks

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?