Gates on Right of Way Easement

[NLMace]

I am looking to buy a piece of rural property in Arkansas that has a 20 foot unused easement along one end of the property to allow access to a landlocked 5 acres.

Can I put up a fence if I install gates and give the owner of the easement a key?

Or do I have to build my fence 20 feet off the property line for an easement he may never use.

 

[LdiJ]

I am looking to buy a piece of rural property in Arkansas that has a 20 foot unused easement along one end of the property to allow access to a landlocked 5 acres.

Can I put up a fence if I install gates and give the owner of the easement a key?

Or do I have to build my fence 20 feet off the property line for an easement he may never use.

Some day that 5 acres is going to be used, one way or another. I wouldn't include the easement in the fenced area myself...its just simpler in the long run.

 

[antrc170]

The easiest thing would be to check the wording of the easement, it should be with the deed to the property. Some easements are accessible easements which means that the easement must be accessible to the parties use and as long as they had the key to the gate it would accessible. Some are unobstructed access easements which require that they have unobstructed access so a fence with gate would be prohibited.

 

[Ozark_Sophist]

What is the wording of the easement?

 

[NLMace]

Thank you for the prompt, insightful responses, I have not yet seen the deed and the easement rights, it is a property that I am thinking about making an offer to purchase.

I will ask the real estate agent, if I have to inset the fence 20 feet it will look, well gunky, and might be a deal killer.

Again,

Thanks,

Neil

 

[154NH773]

I will ask the real estate agent, if I have to inset the fence 20 feet

NO... don't ask the real estate agent. ASK A LAWYER.