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Old 11-07-2009, 01:09 AM
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Join Date: Nov 2009
Posts: 1

easement issue

CA
I just purchased a property that has an easement for ingress and eagress on the neighbor's driveway. The easement has been recorded and also shows up on the title report.

The neighbor has an electric gate on the driveway (where the easement is). I've asked nicely to discuss it, I have also left them a letter. They have totally disregarded the fact that there is an easement.

What do I need to do to make them comply?
  #2  
Old 11-07-2009, 03:03 AM
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Join Date: Apr 2002
Location: snowland
Posts: 6,824
Does the written easement include wording that forbids them from installing a gate ? as long as they give you a key or a code or what ever is used to open it then your use of the easement is not blocked.
  #3  
Old 11-08-2009, 10:38 PM
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Join Date: Mar 2008
Posts: 411
See this post trying to answer nearly the same question.

[url]http://forum.freeadvice.com/neighbors-boundaries-108/gate-across-easement-242240.html#post953555[/url]

If you are given a key, it is unlikely to constitute an "unreasonable" restriction on access. Maybe there are facts that make it such, but it's not likely.
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