Residence texas< Neighbor has ingress/egress easement thru my property, can i gate it and require neighbor to open/close gates and lock/unlock locks in order to pass thru my property?
Why do you want to put up the gates?
i have fenced my property and installed gates across the road into my property. that road is also the ingress egress easement. i now have locks on those gates which i must unlock and lock and have conveyed that to the easement holder. they dont seem to want to close the gate out of my property. Can i require that the gates be closed and locked as found?
I understand the situation but the question is why? lwpat40180.047891169
i live in the country and have been burglarized twice, so i fenced my property with gates and locks. the neigbor behind me with the easement has rented his house and the new tenents now dont like the gates. i have to go thru them and lock and unlock and i do not think it is placing undue restrictions to the tenents access to the rent house with same inconvience that i have.
Here I assume that you have filed police reports. Therefore you have a valid reason for the fence and the locks. As long as you provide them with keys to the lock you have a defense to any claim that you are burdening the easement. In such cases they are fact specific and also judge specific. One judge may find the gates are permissible and another may not. Here you need to notify the owner of the property by certified mail of the necessity of the gates to protect your property and his tenants failure to keep the gates closed. Inform him that if it continues you will have to deny him the use of the easement. Then the next step is up to him. lwpat40180.0765840278
i have provided the combination to the locks in question. i have filed police reports. However you suggest that a judge might determine that the gates create an undue restriction thru my property. i certainly dont want to go that far as good relations are always good. So if i am correct in reading your reply, a gate with a lock (providing key/combo to easement holder) could be construed as undue restriction by some judge. Anything i can do short of sueing the landowner/tenent to assure my property is secured and protected?
There is always the possibility a judge will rule against you. Here you have a good reason to insist on the gates and I see no reason for you not to. It is up to the landlord to see that the tenants comply.
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