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Gate on Easement

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Tinaduncan74

Junior Member
What is the name of your state? Arkansas
We currently have our propery up for sale. We have a legal easement across our neighbor. Today he made a statement that if we did sell he was going to place a gate on that easement, for the sole purpose of making it difficult for the new buyers. Can he legally do this? Any information would be helpful.
 


BelizeBreeze

Senior Member
Unless there is specific language in the easement agreement stipulating he can, then he's blowing smoke. But then, why should you care unless he interfers with your sale by threatening prospective buyer's with the gate.

And if he does, then sue his ass for intentional tort, interference with a contractural relationship.
 

Tinaduncan74

Junior Member
The document reads that he hereby relinquishes unto said (us) , all my rights of dower and homestead in so far as it affects the free use of said right of way by the said ***and***, their heirs and assigns.

the way I read it is that he can't put up a gate or restrict access to our property.

Thank You for the Help.
 

HomeGuru

Senior Member
Tinaduncan74 said:
The document reads that he hereby relinquishes unto said (us) , all my rights of dower and homestead in so far as it affects the free use of said right of way by the said ***and***, their heirs and assigns.

the way I read it is that he can't put up a gate or restrict access to our property.

Thank You for the Help.
**A: have an attorney read the doc.
 

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