farmerj disagrees with BelizeBreeze but Belize is silent Could he be wrong?

Can a fence run parallel with easement along boundry

What is the name of your state?alaska
[I]SECOND EDIT 3/17/05- WARNING!!!!! DON'T WASTE YOUR TIME ON THIS THREAD-IF THIS FIRST POST MAKES SENSE PLEASE LEAVE ME A MESSAGE- I THANK YOU IN ADVANCE- THE REST OF THIS THREAD IS NOT WORTH YOUR TIME! [/I] Thank you undefined Dave Berrey
I am editing this so that I can get an answer to my question. I have put this simple drawing in because I haven't be given the authority to put attachments. I hope it will explain my problem so that you the reader may be able to understand it. The easement reads as follows:

subject to a right of way easement in favor of the owners or tenants of Lot5a, [my nieghbor] abutting the above- decribed property.[my lot] Said easement is for a driveway access which occupies the easterly fifteen (15) feet along the easterly boundry of Lot 3C [my lot] described above. Such easement precludes the erection of a fence, barricade or barrier across the driveway access." (every thing in brackets is my wording otherwise this is the total exact wording)
The question is rather simple-Can I place a fence on my eastern boundry?

But if a fence was along his border then could he not argue that it does impede his access.

This is the border with neighbor that has easement on the East
________________________________|

________________________________
this is the edge of the easement (15 ft )
as you can see he would not have any fences "across" the easement but without a break in the fence he would not have access either. I intend to put a break in the fence
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| ^ < ......... <-------
|________________________________
|<------------150ft----------------------->|

at the end of the easement. (or any other place he wants on a one time basis) giving him access there. But could he claim he needed access along the entire length of the easement?
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if your viewing this for the first time go to the end of the thread. I have had to make changes and hope that others will understand why I haven't started a new thread or post to the end of a "dead thread". Please send me a private message if you feel that you might feel uneasy to post one here.
THANKS


Look I'm sorry I have to resort to such tactics. Seems as though once Belize breezes past a thread -piss on it it's dead. So breeze buddy- do I have the right to put up a fence- no trespassing signs or nothing. You seem to be the big kahuna here. I do appreciate your previous replies but you seem to have missed the point and now have pissed on the subject such that 150 others have left it without comment. For those who don't know what the hell I am talking about check out "can I put a fence on my property line need help from Alaska" posted yesterday in this catagory. Thanks

Some how I forgot to include this from farmerj
"... if a easement that another person benefits from runs through your land . you cannot block or restrict it . but you can indeed add fences as along as the person who benefits still has use , you will see in past post there are people who now even have gates to contend with that must be opened and shut with each time a entry or exit is made ..."
Sorry I didn't include this in the original post
dave

dave berrey said:

Some how I forgot to include this from farmerj
"... if a easement that another person benefits from runs through your land . you cannot block or restrict it . but you can indeed add fences as along as the person who benefits still has use , you will see in past post there are people who now even have gates to contend with that must be opened and shut with each time a entry or exit is made ..." Sorry dave

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**A: yes, I don't know what the hell you are talking about. Reason being you started a new thread (and not the first time) rather than posting on your initial thread. And even after I posted with instructions to your thread that was posted after the initial thread. I do not have the time to go searching for your initial thread. Next time follow directions. Good day.

I have only been here for 1 day and I see how this site works. New postings get attention and if the big dogs-ie belize homeguru ect. pass on them they go into the black hole of Calcutta. So sorry for starting a new thread. Guilty as charged. You weren't going to leave a reply anyway so no loss there. Sure your not sucking up to Belize with your reply?

dave berrey said:

I have only been here for 1 day and I see how this site works. New postings get attention and if the big dogs-ie belize homeguru ect. pass on them they go into the black hole of Calcutta. So sorry for starting a new thread. Guilty as charged. You weren't going to leave a reply anyway so no lose there. Sure your not sucking up to Belize with your reply?

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Start over. I'll help you out without the attitude but I don't want to be in the middle of a pissing match with BB and HG.

thank you very much

For anyone who wants to help this ...feel free. But know the facts.

He is is a disput with a neighbor. The easement granted to the neighbor runs along the EASTERN border of the property to a width distance of 15 feet for the length of the property where it turns into the neighbor's property. It is the neighbor's driveway access. His question was 'can I errect a fence' to which I replied yes, along the WESTERN border of his property along the length of the easement.

In fact, I also instructed him that he could also errect a gate at the head of the easement as long as the neighbor had access to the keypad, lock or other obstruction so as not to obstruct his rights to free enjoyment of the easement.

This ...interpreted that simple answer to mean that he could errect the fence alone the EASTERN border on the neighbor's property.

So, now CI, you STILL want to help this idiot be my guest. I've spent enough time on stupid people for one day.

And this is the ORIGINAL thread.

https://forum.freeadvice.com/showthread.php?t=203257

Thanks for nothing.

My my
Anyway I was trying to ask whether or not a fence running parallel to the easement on my border would be considered a obstuction even though it would not impede on his ability to use the easement for the purpose granted that being a driveway. Putting the fence on my side would in essence be letting him have the 15 ft x 150 ft for his use only. I don't want a gate- I don't want to stop him from using his right of way easement. Sorry if I have offended Belize but you must all know by now he is a hot head. I appreciate his input nevertheless.

Belize your assertion that "This jackass interpreted that simple answer to mean that he could errect the fence alone the EASTERN border on the neighbor's property. " I never interpreted that you meant that- to the contrary. My question to you then and now is still the same. If I cannot put a fence along my boundry can I put no trespassing signs up? I am sorry for upseting you enough to make you break your own rules of conduct in this forum.

There have been some intelligent people that have disagreed with your opinion about not being able to put a fence along the border. Their reasoning being that it would not interfere with the purpose of the easement and that the burden would be on the nieghbor to show harm by it's presence. Belize please give me another chance I am really not that much of a jackass ( or maybe I am) but I really would like some input

dave berrey said:

I have only been here for 1 day and I see how this site works. New postings get attention and if the big dogs-ie belize homeguru ect. pass on them they go into the black hole of Calcutta. So sorry for starting a new thread. Guilty as charged. You weren't going to leave a reply anyway so no loss there.

**A: yes, I was going to reply and respond with the correct answer. But now given your pissy attitude I won't.

*******
Sure your not sucking up to Belize with your reply?

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**A: Of course not.

well thank you guru-
I may have gone about getting advice on this web site the wrong way. I came here to buy someone's time and found this forum. I understand the diffuculties in not being able to draw a map showing what I am trying to say. Belize has misunderstood me and I probably didn't explain myself as well as I should. But really I not here for the drama- I wanted and still want advice. I value the people that give of their time to explain to us junior member what the law is. Now is there anyone that dares to be hit by a thunderbolt and is willing to answer a rather simple question?

dave berrey said:

My my
Anyway I was trying to ask whether or not a fence running parallel to the easement on my border would be considered a obstuction even though it would not impede on his ability to use the easement for the purpose granted that being a driveway. Putting the fence on my side would in essence be letting him have the 15 ft x 150 ft for his use only. I don't want a gate- I don't want to stop him from using his right of way easement. Sorry if I have offended Belize but you must all know by now he is a hot head. I appreciate his input nevertheless.

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Answer is simple, yes you can do what you propose so long as you don't impede the neighbour's access, which seems to be what BelizeBreeze said.

Sounds like a pyrrhic victory. Better suggestion: Get along, or move.