new gate & fencing on easement

amberk said:

What is the name of your state?California

I live on 20 acres – in a block of 4 20-acre parcels. My property is only accessible via a 30-foot easement across my neighbor's land. The easement is spelled out in the title and there is a road agreement outlining maintenance cost of the road is to be divided by percentage of use by the two parties. I am the only user of the road so bear full burden of maintenance cost. The neighbor put in the existing (manual) gate and the previous owners of my property did all of the grading, graveling and road maintenance. My neighbor uses the pasture that the road/easement goes through for several horses.

Now to my questions. 1) I would like to replace the gate with an electronic one so I don't have to get in and out to open the gate, especially when it is raining. Do I have the right to change out the gate? 2) I would like to put a fence along the easement line so the horses do not have access to the road. This is for safety so I can walk down the road or ride my own horses down the road without being challenged by their horses. Do I have the right to put in a fence? What in general are my rights regarding the access road other than paying for the upkeep?

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amberk said:

Easement agreement states nothing other than 30 foot access along the south border of the property for the purpose of accessing our property. The road maintenance agreement only says that cost for upkeep will be based on percentage of usage. There is nothing about what kind of road, gates, fencing, etc.

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