Neighbor's Front Yard Easement and My Rights

[rriles]

The property line between my house and my neighbors essentially goes down the middle of the land between our houses, including the small section of grass between our front driveways. My neighbor has a “Front Yard Easement” to my property on my side of this small section of grass.
I want to put a gate in the fence beside my garage and 6 small stepping stones as a walkway to this new gate. I have hired a yard maintenance company who needs access to my back yard when I am not home. (Currently, he has to climb over the fence including hoisting a lawn mover over.) There is one small bush that my neighbor put in front of the only place I have to put the gate. So it needs to move. (The fence is only wide enough for a gate.) My neighbor does not want me to do this, saying he has an easement to this property.
As I understand it, he has the right to use this area as his front yard, and I do not have the right to block this use. But what are my rights to using this property?
Do I have the right to put in a gate to my backyard, 6 stepping stones for access to this gate, and move his bush so I have access to the gate? All of this would be on MY property, to which my neighbor has an easement. I live in San Ramon, CA, if that makes any difference.


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[Tracey]

I assume your neighbor's easement is for access purposes, and not for landscaping. Can you post the EXACT language of the easement so we can be sure? It should be recorded on you property or neighbor's at the recorder's office.

General easement law says that the land is yours and you can fence it or install a gate if you like, as long as you do not prevent neighbor from using his easement. Either set the fence behind the easement or leave the gate unlocked or give neighbor a key/remote. Neighbor can't even complain unless he can no longer use his easement. The shrub is yours also, since it was planted on your property. You can let neighbor move it if you want to be nice, though.

If the easement is for something other than access, you'll have to figure out a way to install your gate while still letting neighbor obtain the benefit of his easement.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.