Placing gates on eastment

[placerco.cal]

What is the name of your state (only U.S. law)? California
We own a medium parcel of property through which an easement runs to a half dozen parcels, one occupied house past. We own the property on both sides of the road, the lower side about 4 acres, the upper 50 plus acres. In order to allow our livestock to graze on the lower property, we are considering fencing and placing two gates on the road that will remain closed during a portion of the day, but unlocked. I know my neighbors are not going to like it, so wanted to know in advance if they will have legal options to keep us from keeping the gates closed?

 

[Zigner]

Perhaps more important is whether you have any options to prevent it from being left open.

 

[placerco.cal]

background

They are afraid of my boer goats, which are currently free range... think they will run down and eat their landscaping plants. They have threatened to call animal control (no, the goats haven't done any damage yet)... so our only option is to fence the property to keep the goats from wandering too far. If they leave the gate open, they will be creating their own problem, I guess! If someone else does, I guess we'll have to start locking... giving them a key or combination.

 

[Ozark_Sophist]

They are afraid of my boer goats, which are currently free range... think they will run down and eat their landscaping plants. They have threatened to call animal control (no, the goats haven't done any damage yet)... so our only option is to fence the property to keep the goats from wandering too far. If they leave the gate open, they will be creating their own problem, I guess! If someone else does, I guess we'll have to start locking... giving them a key or combination.

I don't believe you can burden the easement with gates. The language of the easement is important.

EtA: I know my neighbours cannot place anything in our easement because of the language.

 

[placerco.cal]

Thanks, I'll check the verbage.

 

[drewguy]

It also depends on state law.

If there's nothing in the terms of the easement, the general rule is "unreasonable" burdens. Different states determine what's reasonable, but at least some have found a gate is reasonable if there's a reason for it, such as keeping livestock in. You couldn't just put up a gate out of spite, but you're past that.

Have you considered discussing the issue with your neighbors and perhaps splitting the cost of a gate that could be operated with a garage door opener or some sort of code/keypad?