Easements and New Unlocked Gates

[TerryInAR]

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

I live in a rural area and am installing a fence with two gates (which will both be closed but unlocked) to contain my two Labradores to my property.

My neighbor has a temporary access easement to use my driveway to get to his house. The driveway is gravel starting at a county road, crosses my neighbor's property, onto mine, down the length of my property then back onto his.

The fence and gates will be wholly on my property and I will bear the full costs.

The verbage on my deed regarding his easement is:

"A temporary, Non-exclusive access easement described as that portion of the following description which traverses Tract 7 (my tract):

"A 12 foot wide access easement located in part of the W1/2 E2/3 of Lot 1 of Section 7, Township 1 South, Range 10 West, Pulaski County, Arkansas having boundaries 6.0 feet each side of a centerline described as follows:

(centerline meets and bounds)

"...to the point of termination of said 12 foot wide access easement, said point being on the West line of Tract 6 (my neighbor's tract), also described on the Survey as "Easement C".

"Which easement shall continue for the period of thme that (my neighbor) or spouse occupy Tract 6, as described on the survey, as their principal residence."


The question/problem...

Is it permissable for me to install gates across the easement as long as they are not locked so as to provide for his use of the easement as well as the containment and safety of my dogs?

Needless to say that my neighbor is particularly "miffed" about the prospect of gates.

Thank you for your advise.

 

[HomeGuru]

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

I live in a rural area and am installing a fence with two gates (which will both be closed but unlocked) to contain my two Labradores to my property.

My neighbor has a temporary access easement to use my driveway to get to his house. The driveway is gravel starting at a county road, crosses my neighbor's property, onto mine, down the length of my property then back onto his.

The fence and gates will be wholly on my property and I will bear the full costs.

The verbage on my deed regarding his easement is:

"A temporary, Non-exclusive access easement described as that portion of the following description which traverses Tract 7 (my tract):

"A 12 foot wide access easement located in part of the W1/2 E2/3 of Lot 1 of Section 7, Township 1 South, Range 10 West, Pulaski County, Arkansas having boundaries 6.0 feet each side of a centerline described as follows:

(centerline meets and bounds)

"...to the point of termination of said 12 foot wide access easement, said point being on the West line of Tract 6 (my neighbor's tract), also described on the Survey as "Easement C".

"Which easement shall continue for the period of thme that (my neighbor) or spouse occupy Tract 6, as described on the survey, as their principal residence."


The question/problem...

Is it permissable for me to install gates across the easement as long as they are not locked so as to provide for his use of the easement as well as the containment and safety of my dogs?

Needless to say that my neighbor is particularly "miffed" about the prospect of gates.

Thank you for your advise.

**A: why not fence your property outside of the easement so the neighbor has free ingress/egress.

 

[TerryInAR]

I wish that it were that easy...His property is on my east property line and the driveway/easement runs across my property and down my west property line and back to his. Making something of a sideways "U" shape across the width of the property.

 

[HomeGuru]

I wish that it were that easy...His property is on my east property line and the driveway/easement runs across my property and down my west property line and back to his. Making something of a sideways "U" shape across the width of the property.

**A: then get his permission to install the gates.

 

[FarmerJ]

You posted that this was temporary, when does it expire or under what conditions will it expire ?

 

[TerryInAR]

HomeGuru...Therein lies the problem that prompted my post, he does not want a gate or fence between our properties.

FarmerJ...The condition that will disolve the easement is when he either sells his property or moves to another place as his primary residence.