Do i have a right to gate my driveway

[MelGram]

What is the name of your state (only U.S. law)? Mississippi

I was recently awareded one acre with a trailer and an easement to the property. In the deed it states I have exclusive use of the easment. The adjoining property can put a driveway anywhere he wants to get to the rest of his property. I maintain the easement. I have had to fix it 3 times in the past year not because I tore it up but be case of wash out problems. He has not offered to pay or help maintain it. 28th it being awareded to me for my exclude use can I put a gate up so no other vehicles can drive on it ?

 

[FarmerJ]

You wrote > In the deed it states I have exclusive use of the easment.< SO unless there is any thing else in the easements language that says other wise then there should be no reason you cannot put in a gate. Does this other parcel have a place they can enter their lot from with out using your access ? did this other person just start using it recently ? You know you might want to try the links above to speak with a real estate attorney since it may well be best to just make sure there is nothing else you may have missed that would prevent you from adding a gate.

 

[154NH773]

In the deed it states I have exclusive use of the easment.

I assume you are talking about YOUR deed to your property.

Unless the deed to you, or your predecessor(s), is from the owner of the property upon which the easement lies, it may not be exclusive, or even valid. The servient owner (the neighbor or his predecessor) must have granted the exclusive right. Some previous owner of your property may have placed the language in the deed, having no right to do so.

If, in fact, it is exclusive, then I agree with FarmerJ.

 

[MelGram]

Thank you for the advice
The deed is from the other land owner it was awareded to me threw a divorce. He had 8 acres now he has 7. I got the one acre with trailer and easmemt for my exclusive use.

 

[LdiJ]

Thank you for the advice
The deed is from the other land owner it was awareded to me threw a divorce. He had 8 acres now he has 7. I got the one acre with trailer and easmemt for my exclusive use.

OK, then we are back to the question of does he have access to his portion without your driveway?

 

[MelGram]

Yes he lives on part of it and he normally don't use this drive he just started using it after the deed was done.. He is able to put a drive anywhere to get to what ever he wants he just decided to start using this one all the sudden.

 

[MelGram]

To clarify a little he lives on the 7 acres in a trailer in the front part of the land with main/county road access. I live in the back part with easement access. The rest of the property is Forrest/wooded. My one acre is only cleared near the trailer and his is the same way. So no he don't have another way to the back side of the property but he could if he cleared some of his property. But like I said before he never came back here in over 5 years until lately after we went to court for all of this.

 

[FarmerJ]

So before this court settlement both of you were using the driveway to access your homes? Id suggest you use the links here and speak with a attorney and before you do have available a copy of the easement, I say to do it that way because even if your neighbors that doesn't mean every thing is going to be peaceful between you both if you gate it , this way if it is truly for your use only then the atty you speak to can help you with a letter telling him he has x amount of time to get a driveway for his own use done since your planning on installing a gate.

 

[LdiJ]

To clarify a little he lives on the 7 acres in a trailer in the front part of the land with main/county road access. I live in the back part with easement access. The rest of the property is Forrest/wooded. My one acre is only cleared near the trailer and his is the same way. So no he don't have another way to the back side of the property but he could if he cleared some of his property. But like I said before he never came back here in over 5 years until lately after we went to court for all of this.

It would be very very expensive for him to have to clear another way to the back part of his land. Why are you so opposed to him occasionally using the easement? Did you pay to clear it?

 

[not2cleverRed]

Obviously at some point the easement connects to you property. Put a gate there.

You have not indicated that he is harming the easement.

You have not indicated that you believe he is stalking you.

 

[MelGram]

Thank you I an waiting on an attorney to call me back. No he is not stalking me but some things have happened to be a nusance and he told my daughter he was doing this stuff to make it as difficult as he can so that I will have to move. It has turned in to a nasty situation in the last 6 months