What is the name of your state?Arizona
4 properties have a non-exclusive easement for ingress and egress and utilities
over, across and upon the south 30 ft of the lot. The man that owns the land south of us and the owner of his own 10 acres wants to put a gate in his fence and now use the road set up for the 4 land owners. Can he legally do
this? I took pictures of him doing this to prove that the gate was just being installed. His reasoning behind this is that he doesn't want people driving past him to get to the back 5 acres he wants to sell. I want to plant trees where he wants to put the gate and I am thinking to do it before he gets the gate in. Once a road has been established under the description I have listed does it mean anyone can use it as they wish. I feel as though the origional cost of my property included this development and that he wants to benefit from it without paying. Would a mortgage company be interested in general with its assets as we are all mortgaged and this road really belongs to the respective mortgage companies. We origionally bought this property because it is private and I don't want to allow more traffic especially to whoever he sells to. We have spoken to him and he agreed to stop the installment and then when we went out we came home early and found him trying to get the gate installed. I know he can put as many gates as he wants on his fence but can he legally use our road as he thinks he can. Any help would be appreciated. He seems very determined.
4 properties have a non-exclusive easement for ingress and egress and utilities
over, across and upon the south 30 ft of the lot. The man that owns the land south of us and the owner of his own 10 acres wants to put a gate in his fence and now use the road set up for the 4 land owners. Can he legally do
this? I took pictures of him doing this to prove that the gate was just being installed. His reasoning behind this is that he doesn't want people driving past him to get to the back 5 acres he wants to sell. I want to plant trees where he wants to put the gate and I am thinking to do it before he gets the gate in. Once a road has been established under the description I have listed does it mean anyone can use it as they wish. I feel as though the origional cost of my property included this development and that he wants to benefit from it without paying. Would a mortgage company be interested in general with its assets as we are all mortgaged and this road really belongs to the respective mortgage companies. We origionally bought this property because it is private and I don't want to allow more traffic especially to whoever he sells to. We have spoken to him and he agreed to stop the installment and then when we went out we came home early and found him trying to get the gate installed. I know he can put as many gates as he wants on his fence but can he legally use our road as he thinks he can. Any help would be appreciated. He seems very determined.
