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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33802
Experience:  15 years real estate, Realtor. Landlord 26 years
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I own property and my neighbors have right away thru

Customer Question

I own property and my neighbors have right away thru driveway. We have a gate and we have asked and asked please shut the gate. Now their taking signs off of gate and refuse to shut it. What can we do. Please help
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I hate to have to tell you this, but if they have an ingress/egress easement over your property, then they have the legal right to unimpeded access over the area covered by the easement. The means that you as the "servient estate" owner can't have anything on that area that interferes with the free access of the "dominant estate" owner across that land.

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Even something as simple as a gate is considered a violation of their access rights if they don't voluntarily agree to allow it to be on the property covered by the easement.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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