Land locked, fence bound

[countryhome]

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

The question involves a small, land-locked piece of property in rural Texas. The previous owner (decades ago) subdivided the property and sold it off in chunks. The way it was sold, the back property owner owns the 25' driveway that crosses 2 other properties (the 3 were previously one parcel). One property has direct access to the county road so has no issues. The middle property has access only via the back property owner's driveway.
The driveway owner has decided to construct a privacy fence all the way from the road up to their property, and installed a gate for access to the middle property. Now to access the middle property, one must drive up, get out and unlatch and drag open a large unwieldy gate that does not even function properly. It is also covered on the inside with dozens of nails that are exposed by a half inch or more (a serious injury/tetanus risk). The driveway owner insists that the gate remain closed when not in use (he does not want to actually "see" the middle property, as it is not always well-maintained, although there are no deed restrictions). He runs up and threatens maintenance people and other visitors if the gate is open.
I am assuming it is within his right to have this fence, since he owns the driveway. However is he within his rights to create such a hazard and serious inconvenience? What can the middle property owner do about this, if anything?

 

[HomeGuru]

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

The question involves a small, land-locked piece of property in rural Texas. The previous owner (decades ago) subdivided the property and sold it off in chunks. The way it was sold, the back property owner owns the 25' driveway that crosses 2 other properties (the 3 were previously one parcel). One property has direct access to the county road so has no issues. The middle property has access only via the back property owner's driveway.
The driveway owner has decided to construct a privacy fence all the way from the road up to their property, and installed a gate for access to the middle property. Now to access the middle property, one must drive up, get out and unlatch and drag open a large unwieldy gate that does not even function properly. It is also covered on the inside with dozens of nails that are exposed by a half inch or more (a serious injury/tetanus risk). The driveway owner insists that the gate remain closed when not in use (he does not want to actually "see" the middle property, as it is not always well-maintained, although there are no deed restrictions). He runs up and threatens maintenance people and other visitors if the gate is open.
I am assuming it is within his right to have this fence, since he owns the driveway. However is he within his rights to create such a hazard and serious inconvenience? What can the middle property owner do about this, if anything?

**A: the title and any recorded easement documents need to be reviewed.

 

[154NH773]

As HomeGuru says, you will have to research this issue to see who actually owns the property the road lies upon, and what, if any, easements exist in favor of the middle property.
Having said that; it appears from the fencebuilder's actions, that he is acknowledging the right of the middle property to use the roadway as access.

The driveway owner has decided to construct a privacy fence all the way from the road up to their property, and installed a gate for access to the middle property.

So it then comes down to what is "reasonable" or actually spelled out in the easement grant. It may take a court to decide whether a gate is an undue burden on the middle property owner, or is not allowed by the easement language.
If you are the middle property owner, I would leave the gate open at all opportunities, and ignore his complaints until he takes you to court.