CA Easement for Road Purposes

[Lanman]

What is the name of your state? California

I have 5 acres with a building pad and well. Access to my parcel is via a 20 foot "easement for road purposes" along the east side of my northern neighbors property. The easement is actually 40 feet wide as it includes the western 20 feet of our eastern neighbor's property. There is a county road to the south, that if extended, would be this 40 foot easement. My northern neighbor uses the easement as his driveway. His house was built right next to the easement. He gated the easement with cheap aluminum ranch gates that are chained closed and must be dragged open and closed every time we need access to our property, and not everyone is capable of doing this. In addition, he has pigs living between his house and the easement. The pigs use the easement for defacation purposes. I believe the gates and feces lessens the utility of the easement, increases the burden of use and enjoyment of the easement, and frustrates the purpose for which the easement was created. In addition, I think the feces is a health problem.

Do I have the right to have him remove the gates and move the pig sty off the easement?

[FarmerJ]

If the person who owns the road has a gate you have to just live with it until you are denied any access via the easement. As far as the pigs go well if your nbrs animals fall with in the current zoning of the property such as say agricultural zoning or you find there are no restrictions of any kind stopping some one from having so called farm animals on that land then I would like to suggest that you just count your blessings that all you have to do is take your shoes off before entering your home , DO you have any idea how much worse it could be? theres one pig farm on my way to work, that I pass and when they have the honeysucker truck there pumping the holding tanks under the barns the smell is DISTINCTLY UNFORGETABLE.

[Lanman]

I've seen other posts here indicating that maybe easements can't be gated. Are there any other opinions before I approach my neighbor? Other easements in the same area are all clear. People fence up to the easement boundries and passing is unhindered. The easement is reserved for a county road that is discontinued at the cross street south of us, should it ever be extended through to the cross street north of us. It runs along the east boundry of my property as well.

[D.E.Hibbard]

Generally speaking, an obstruction that unreasonably interferes with the use of a roadway easement can be ordered removed for the protection and preservation of the easement (Scruby v. Vintage Grapevine, Inc. (1995) Cal. App. 4th 697). Whether the obstruction you describe "unreasonably interferes" with your easement rights is a matter for determination by the trier of fact (judge or jury). Issues such as whether the pigs roam freely over the easment thereby delaying or obstructing your use of the easement may be relevant in addition to the presence of the gate across the roadway. If your neighbor does not voluntarily cooperate, you will need to take formal legal action if you want to protect your easement rights.

[lwpat]

Hire an attorney to write him a letter.