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Non-exclusive right-of-way easement

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dannywyant

Junior Member
What is the name of your state? VA

I own a parcel of land that has three homes on it that I rent out. This property does not have any road frontage, but I have a deeded 30 ft. wide non-exclusive right-of-way easement through an adjoining landowner's property for the purpose of ingress and egress. This is just a gravel driveway that my three tenants use for access to their homes.

The person who owns the property that my driveway goes through has recently had an argument with one of my tenants about how fast my tenant goes in and out of the driveway. I talked to my tenant and he agreed to slow down, and I thought the matter was resolved. However, this weekend they had another argument.

The landowner put about 20 football sized rocks in some potholes that are in my driveway and said that they were “speed bumps”. My tenant moved the rocks and put some gravel in the potholes. The landowner went out and shoveled the gravel out of the potholes and put the rocks back in.

I tried to talk to him to resolve this matter, but he refuses to talk to me other than to tell me that he also plans to put a gate across the driveway so the tenants will have to stop and open and close the gate every time they go in or out. I called the police and they said that it was a civil matter, and would not even come out.

Does the landowner have the right to do what he has done, and is threatening to do, and what can I do about this matter?
 
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ColoradoHeaven

Junior Member
From personal experience on the other end, yes, the servient property (the landowner) has the right to gate the easement, provided it does not bar access from the dominant property (yours).

We have an easement running on the eastern edge of our property that affords access to a property next to us. Because of the tourist traffic and look-e-loos thinking the easement was a through road, we put up a gate at the bottom of the easement. The landowner the easement benefits threw a fit, but in the end, we kept the gate up, not locked and doesn't bar access to him. Our stand was and is that it's our property. Access is one thing; damage by unfamiliar vehicles and tourists in the Rocky Mountains is quite another. The judge agreed.

And yes, it's a civil matter. The only way, according to the local sheriff, that it would become a criminal matter is if we locked the gate. If he does this, make sure you have a copy of any easement agreement and any other documentation with you and call the sheriff.
 

Ozark_Sophist

Senior Member
From personal experience on the other end, yes, the servient property (the landowner) has the right to gate the easement, provided it does not bar access from the dominant property (yours).
From my personal experience, the servient property DOES NOT have the right to put up a gate. It depends on the language of the easement and the courts in your location.
 

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