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New neighbor gated my easement

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Twig

Junior Member
What is the name of your state? Washington
I have searched for an answer to this question but did not find one that pertains to WA state. I own 1 of 3 properties in a short plat that was done in 1988 and has a deeded easement. It is a perpetual non-exclusive easement for ingress and egress and have lived here for 17 years. I now have a new neighbor on the property that the easement goes through who has put up a gate and closed it, but is not locked. He has no livestock and the property is not fenced. I am disabled and live alone and have asked this neighbor not to close the gate. He is very rude and stated he ownes the property and will do what ever he pleases with it. Do I have a legal right to insist this gate be left open if the only reason it is closed is because he wants to close it? Talking to him does not look like it will be an answer. Thanks, Twig
 


N

nextwife

Senior Member
Would the neighbor perhaps agree to allow an electric opener gate? Splitting the cost? My neighbors have the gate on their driveway open on a remote. That wasy, you could easilly pass through, yet they could maintain the "closed" gate position.
 
T

Twig

Junior Member
There is no electricity where the gate is located. Soon we will get snow and I expect that sooner or later the gate will freeze because it is mounted where is scrapes on the dirt to open it. This neighbor will not talk to me now because I don't close the gate. Thanks for the reply.
 
B

BelizeBreeze

Senior Member
Twig said:
There is no electricity where the gate is located. Soon we will get snow and I expect that sooner or later the gate will freeze because it is mounted where is scrapes on the dirt to open it. This neighbor will not talk to me now because I don't close the gate. Thanks for the reply.
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Then I suggest you start closing the gate. :rolleyes:

EDIT: And by the way, gates such as Nexie told you about, DO NOT HAVE TO RUN on electricity. They usually run on solar power or batteries charged through solar.
Stop making excuses.
 
H

HomeGuru

Senior Member
BelizeBreeze said:
Then I suggest you start closing the gate. :rolleyes:

EDIT: And by the way, gates such as Nexie told you about, DO NOT HAVE TO RUN on electricity. They usually run on solar power or batteries charged through solar.
Stop making excuses.
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**A: what about a trained monkey?
 
T

Twig

Junior Member
Well yes, it is somewhat difficult for me. Have you ever tried to push open a gate on crutches? :mad:
 
B

BelizeBreeze

Senior Member
Twig said:
Well yes, it is somewhat difficult for me. Have you ever tried to push open a gate on crutches? :mad:
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Yes, in fact. AND in a wheelchair. It's an EXCUSE. Period.

I lived through six knee operations and walking with pins in my legs for two years ON CRUTCHES while living in a villa just outside Wasserburg, Germany and the ONLY person to open and close the Wrought Iron six foot tall gate was me.

Next excuse?
 
T

Twig

Junior Member
OK, fair enough. Ya, I suppose I do use that as an excuse. Back to my original ? Do I have a legal leg to stand on to keep this gate open? Isn't this limiting my right to access my home? Would he be held liable if I/or a visiter fall or one of his dogs finally gets a bite?
 
B

BelizeBreeze

Senior Member
Twig said:
OK, fair enough. Ya, I suppose I do use that as an excuse. Back to my original ? Do I have a legal leg to stand on to keep this gate open? Isn't this limiting my right to access my home? Would he be held liable if I/or a visiter fall or one of his dogs finally gets a bite?
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Those are all questions of fact for a judge and/or jury. The point is, unless there is a lock on the gate to which you have no key, then there is not much you CAN do about it UNTIL something happens.
 
T

Twig

Junior Member
Ok, now I know. But I WILL NOT close that blankity blank gate. :p Thanks for the advice. Now I will see what its going to cost me to put in a private driveway over the creek and close off some of my property that I have allowed him to use (no easement) to get to his shop.
 
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