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Easement gate dispute?
We own property that has an easement through our neighbors parcel. Years ago (5-8) we put up a gate to stop teens from thinking our property was a good place to go neck. Our neighbor was aware of it, and showed no interest in what we were doing. There is no lock on the gate. Today, we got a letter from his lawyer demanding that we take it down. Saying it s illegal. All we can figure is that he s mad about something else. I m aware that it s his land, that s not my question. What I need to know is how exactly should we proceed?
The gate is located 10 feet into his property (give or take). He has a fence separating the rest of his place from the easement that goes along his property line. I realize that the gate must come down. I was just wanting a little advice on the steps to take. Speaking with him is not an option. Years ago he accidentally caused major damage to our property and then tried to get a "cut" of the insurance money. Needless to say, we aren't on speaking terms anymore.
5 Answers
- MikeLv 73 years ago
!0 years is usually the minimum period to acquire the right to keep the gate up by reason of adverse possession. Even after 10 years, a gate alone may not be enough to establish adverse possession. The lawyer's letter could just be a way to stop the period from running. Talk to the neighbor and see what he wants.
- 3 years ago
Easements have to be treated with incredible delicacy. You never want to fight with a neighbour. That is like taking poison and waiting for him to die.
You do not say where the gate is located. You cannot put a structure on neighbour's property without his permission so if the gate is on his side of the boundary between the two properties, he is entitled to tell you to take it down. If the gate is on the property line, you are not obliged to take it down. But even so, first talk to him. He may be confused about where the property line is. Or you may be confused.
By the way, this is not an easement issue. It is that you cannot build on someone else's property.
UPDATE: If you cannot talk to neighbour, just take the gate down. Consider moving it to your property line if it keeps out wanderers. You can move it yourself. If you lock it be sure to use the easement at least once each year to protect it. Take a photo.
- Anonymous3 years ago
unless you want further issues w/the neighbor, have the gate removed and if possible relocated elsewhere on your property
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- ?Lv 73 years ago
i'd take the crap down and then talk to him about it to avoid aggravation in court .. it may be something as simple as theyre trying to sell it and dont want the easement aspect so obvious ... but i wouldnt risk a legal action .. later on down the road you may be able to reinstall it lol .. just wait and see how it goes ..
