Question:
Can easement rights of way be blocked by a locked gate even if you are provided a key?
roshaa
2008-10-31 09:13:24 UTC
WE have had deeded right of way easement rights for over 35 years for access to adjoin state land for recreational purposes and access to a short road to closest small town and fire trucks also would use this entrance to the property. A family purchased land that is now on both sides of the said easement and has been blocking all other residents of the area who all have the easement rights from using the ingress and egress to state land. A law suit was started and after three years the local judge handed down an injunction that they can erect a gate and the other 15 property owners must all apply their own interlocking lock which if left unlocked that individual whose lock is not connected will be fined. This order presents a hardship on the older residents and widows who live in the area full time and use that exit in and out. Fifteen heavy locks and a chain to manipulate will be difficult if not impossible for many of us to manage to get in and out some times several times a day to our homes. The rest of us are all full time year round residents. The newer property owner has only a junk trailer on his land and is a seasonal person coming to the area only three or four times a year. This injunction is to remain in place until a trail date some six months from now be fore the same Judge. Do we have any chance of getting a reversal of this or are we only wasting time and money as the Judge seems to have all ready decided the case by this order? The owners of the land intimidate and threaten people when they walk or drive past their property when they are here and also use foul foul language. Many of us are afraid of them which is what they want I am sure and it seems the law in this country is of no protection even though for 35 years we have had this deeded in our property titles right.
Four answers:
fitzgeraldtoo
2008-10-31 09:29:48 UTC
In your situation the easement has not been "blocked" only inconvenienced by the locked gate. This is a very common occurrence in rural areas and while you can keep fighting and running up legal bills, ultimately I don't think the judge will rule in your favor. You might want to try to revise the injunction to reduce the numbers of locks and go in with your full-time neighbors on just one combination lock instead of the 15 individual locks. That might be easier to handle. There are also solar gate openers now on the market that may be useful for the older residents - they would still have to get out and unlock the gate, but at least they would not have to wrestle it open.



Unfortunately it seems like the new property owners either are not aware of the hardship their actions are causing or do not care. While this certainly makes them bad neighbors, it is not illegal. Good luck to you and the other residents, you just may need it.
Ross
2008-10-31 10:45:28 UTC
The purpose of an easement would be to serve others. Judges have power to make decisions. When you go to court take the other land owners with you and explain the problems. I would hope the judge would side for the many who are unconvinced not for the one. I am not a lawyer so my advice is only my thoughts in the subject. It may be worth it to contact an attorney.l
estielmo
2008-10-31 09:26:52 UTC
Can you come up with an option that achieves accountability and access? It's best to come to court with a workable solution than to just sit in court and whine.
Uncle
2015-01-21 19:10:37 UTC
access / easement way of my rental home being blocked by old furniture ,,shelves ect how can I stop this from happening ?


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