Re: Easement-Fencing & gating of property

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I have to concur with justice 'mudge. your placing a gate even if
you give them the access key etc. does interupt their access, making
it no longer free. plus, what assurances are there that a power
outage or you getting a wild hair wouldn't prevent them entirely
from accessing their property once the gate was up? solution: put
the gate at the entrance to your sole access to your property i.e.
if this is a shared driveway, place the gate where your private
drive begins. or consult an attorney in your area who can look at
the easement and knows the law in your state.

On 1/16/07, Fanua SP. (SCUPS-Student) wrote:
> 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?