Please explain locked security gates and unlocked animal gates on easements (Idaho law)
State/Country relating to question: Idaho
My attorney says Idaho law allows locked security gates on my land through which an easements exists as long as I give affected land owners a key/combination to locked gate. My attorney claims Idaho law allows me to place animal gates across easements (locked). Can a judge grant exception to these rules?
First, does the Easement allow for animals to be gated thereon.Second, as to the security gate - is this for entering and exiting the easement area?Is it your land that the easement is on - that you own the land?
Mistake typed in on animal gates. Per my attorney they must remain unlocked, but I can have as many as I want across the easement portion located on my land.
Two easements through my land. I desire to place a locked security gate on easement that traverses the width of my property.
Another related question:
Neighbor has placed a locked security gate on second easement that traverses my land. The security gate is located on boundary line, but is an easement to his property as well as to Stimson Lumber. Am I allowed to use easement to gain access to Stimson Lumber who has verbally given me permission to collect firewood from their slash piles?
You cannot hinder the easement holders use of the easement.I agree with your attorney's statements.My attorney says Idaho law allows locked security gates on my land through which an easements exists as long as I give affected land owners a key/combination to locked gate. My attorney claims Idaho law allows me to place animal gates across easements (locked). As to the animal gates - these would be to keep out unwanted or wandering animals - ie a cow or the like?A judge can only give a ruling as to what is reasonable under the totality of the circumstances.An easement is a property interest - a judge can't just make unilateral decisions without basing their decision on competent evidence based on the totality of the circumstances.
The animal gates would be unlocked and on on my property to contain my goats who are grazing on my land. Their grazing includes along the sides of the portion of the road easement on my land as well as between the road easements (again located on my land.
You can install a fence with locked gates - but the easement holders must be given a key to open the gate when they want to access their easement.Easements are peculiar to the easement holder - they can't give permission for someone else to use their easement over another's property.However, if the easement is for egress and ingress to their property - then some third party (you for instance) can use the easement to get to their house.There are other easements that the easement holder just can't give the right to another to use. For example an easement to pasture animals on another property or to use a water - they cannot grant such to a 3rd party.So the determination is in the specific language of the easement.If you would like any additional information or have more questions please don’t hesitate to ask!Please remember to only rate my answer when you are satisfied with my response. IF you feel the need to click either of the two starts on the left, please STOP and reply to me via the "CONTINUE CONVERSATION" button. Let me know the issue you have and I will be happy to continue further and do everything I can to provide you with the service you seek.If you give any rating below 3 stars then I will not be compensated in any way for helping you today.The "helped a little" is considered a negative.Thank you,Law Pro
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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