unlocked gates to deter speeders on easement

[AzERRN4]

What is the name of your state (only U.S. law)? Colorado
We live in a small subdivision that has private easement as the legal access to the subdivision. Although the speed limit is posted at 10 miles an hour, some of the new subdivision residents are driving 50 miles an hour down the dirt easement. There is no legal HOA. We'd tried asking them to slow down, no luck. We're thinking about placing an unlocked gate across the easement on our portion of the easement, one at each end, so that the speeders would need to stop to open the gates. Is this legal? Do you have any other suggestions?

 

[Kiawah]

why don't you put in speed bumps?


ie.... pot hole maintenance in reverse

 

[xylene]

why don't you put in speed bumps?


ie.... pot hole maintenance in reverse

or just put in some pot holes.

 

[Zigner]

What is the name of your state (only U.S. law)? Colorado
We live in a small subdivision that has private easement as the legal access to the subdivision. Although the speed limit is posted at 10 miles an hour, some of the new subdivision residents are driving 50 miles an hour down the dirt easement. There is no legal HOA. We'd tried asking them to slow down, no luck. We're thinking about placing an unlocked gate across the easement on our portion of the easement, one at each end, so that the speeders would need to stop to open the gates. Is this legal? Do you have any other suggestions?

I'm SURE the local emergency service folks will LOOOOVVVVVEEEEE your idea

 

[HomeGuru]

Maybe a combination of both speed bumps and potholes.

 

[Zigner]

Maybe a combination of both speed bumps and potholes.

...averaged out, isn't that a flat road?

 

[AzERRN4]

I'm SURE the local emergency service folks will LOOOOVVVVVEEEEE your idea

There is another entrance to the subdivision that the emergency services folk would use because it's closer to town. At the rate the speeders are driving up and down the road, the emergency services folk will be here sooner than later when the speeders hit one of the summer camp kids or senior citizens that walk up and down the road.
The speed bump suggestion is decent. Talking did not work. I wish it did....

 

[Zigner]

There is another entrance to the subdivision that the emergency services folk would use because it's closer to town. At the rate the speeders are driving up and down the road, the emergency services folk will be here sooner than later when the speeders hit one of the summer camp kids or senior citizens that walk up and down the road.
The speed bump suggestion is decent. Talking did not work. I wish it did....

Why not get an electric gate with openers?

 

[drewguy]

Why not get an electric gate with openers?

Or better one with a sensor that opens the gate only when you get close (electric eye or metal loop under road). That way you can't open it from 1/2 mile down the road and speed on through. And no need to distribute openers to everyone who might need it.

ETA: To answer the legal question, assuming the speeders have the right to use the easement you are not allowed to unreasonably interfere with that use. Cases on gates vary, but at a minimum there has to be some reason for the gate. Usually it's keeping cattle or livestock in, which is often deemed reasonable. Unclear whether "stopping speeders" would be deemed reasonable. On the other hand, are they likely to sue? And is a court likely to say that a gate is unreasonable when it automatically opens and what they want only is freedom to go any speed?

 

[KingFahad]

The act of terminating the private easement through means of installing unlocked gates-would in all probability be illegal.

A change in your appurtenant easement does not change the status of the easement.

Posting speed signs endorsed by law enforcement would appear to be your
safest proper legal action.

 

[justalayman]

more than likely the gate would be legal. It does not affect the use of the easement. The problem is, you cannot force them to close the gates.

 

[KingFahad]

more than likely the gate would be legal. It does not affect the use of the easement. The problem is, you cannot force them to close the gates.

Depending on the location of the gates Yes or No.

However if it is to terminate the easement (or an attempt to) it would in all probability be illegal.

An easement may be terminated or extinguished in the following ways:

• Express Release: The only one who can release an easement is the dominant tenement.


• Legal Proceedings: Quiet title action by a court brought by the servient tenement against the dominant tenement to terminate the easement.


• Merger: This joins the dominant tenement and the servient tenement. 


Or Non-Use: When applied to a prescriptive easement for a period of five years, this terminates the easement.

 

[justalayman]

It is an unlocked gate. It doesn't not terminate the easement. Unless it is an exclusive easement, the servient tenant retains overall control of the easement except for the uses as described within the granting document. Installing a gate is well within the rights of the servient tenant (barring it being an exclusive easement).

 

[Zigner]

Or Non-Use: When applied to a prescriptive easement for a period of five years, this terminates the easement.

First, there is no indication that this is a prescriptive easement, so that is irrelevant.
Second, this is not exactly true.

But, you're close this time

 

[KingFahad]

My main contention concerning the modalities of the proposed gate install- would be the constriction/inconvenience of ingress and egress (unlocked closed gates being the case). If it is the primary point of entry-It would be my professional opinion that other options be addressed.