Building a gate on Private Road

[lapurple]

Our next door neighbor as well as my husband and I own and are responsible for the maintenance of a private road that is an easement for ingress and egress. We are located at the very end of the road. It is a dead end.

The guy up front by the main road has been cutting across our road and tearing it up. His girlfriend owns the two properties on each side of our private road so he thinks he can drive across it. They have their own driveway. There is no reason he should be using ours.

So we (and the next door neighbor) want to put a gate at the front. I want to make sure that we can do that legally and if we need any permits.

We are in Florida.

 

[quincy]

Our next door neighbor as well as my husband and I own and are responsible for the maintenance of a private road that is an easement for ingress and egress. We are located at the very end of the road. It is a dead end.

The guy up front by the main road has been cutting across our road and tearing it up. His girlfriend owns the two properties on each side of our private road so he thinks he can drive across it. They have their own driveway. There is no reason he should be using ours.

So we (and the next door neighbor) want to put a gate at the front. I want to make sure that we can do that legally and if we need any permits.

We are in Florida.

Your private road is an easement that cuts through the girlfriend's property, essentially splitting her property?

 

[lapurple]

Your private road is an easement that cuts through the girlfriend's property, essentially splitting her property?

It is actually two separate lots. One of the lots is empty, but she owns the trailer and the property on the other side of that lot as well.

 

[quincy]

But your private road is on her property?

 

[HRZ]

More details required as to who owns what ...and status of roadway ...unless it's an exclusive easement it is highly likely the underlying property owner has a right to cross it.

Now if you mean a separate private road , the owners of said road may well be able to control access and post it no trespassing et al

 

[LdiJ]

When there is an easement, someone owns the land other than the people who have received the easement. Sometimes there can be exclusive easements, but they are not really the norm. Normally the owner of the property can also use the easement.

If the owner of the two lots owns the easement, then she and her household and guests can use the easement and you cannot put up a gate unless your easement description says that its an exclusive easement.

 

[quincy]

There is some vital information missing.

Neither the dominant tenants (lapurple and the neighbor) nor the servient tenant (property owner) can block the easement. But the servient tenant generally can use his own property in any other way he wants.

If the servient tenant's use of his own property interferes with the dominant tenants use of the easement (damages the road or blocks the road), he could be held liable. If the dominant tenants use of the easement interferes with the servient tenants use of his property, they likewise could be held liable.

 

[xylene]

The guy up front by the main road has been cutting across our road and tearing it up.

Have you formally raised this issue with them? Like a CRR letter to the girlfriend landowner that you have concerns about her invitees actions damaging the roads unnecessarily

You do realize that putting up a gate is a spite move at best, is not going to really help with the cross traffic, and will hurt your property value and will be a source of constant friction with these neighbors AND your fellow road users.