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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36998
Experience:  Texas Attorney for 30 years dealing in real estate
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I am wondering about an owners ability to block and

Customer Question

I am wondering about an owners ability to block and easement. I live at the end of a dead end lane. My property has easement rights. The person who owns the land and the lane is putting a gate up across the road at his home. Can he do that?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Utah
JA: Has anything been filed or reported?
Customer: I am not sure what you mean. I have not done anything at present.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The lane has 3 homes on it. The middle home is the owner of the lane. My property has had easement rights if that is what it is considered since the home was built in 1980.
Submitted: 25 days ago.
Category: Real Estate Law
Expert:  Ray replied 25 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 25 days ago.

If you have a dedicated easement here this is an encroachment.You are within your rights of easement to demand it be removed.The surface owner has no right to interfere or limit your access to your property.You may consider a local lawyer to send demand letter threatening lawsuit.Again here under Utah law you have right to access your property according to the terms of the easement.

I appreciate the chance to help you tonight.Thanks again.

Customer: replied 25 days ago.
Thank you that affirms what my thoughts were.
Expert:  Ray replied 25 days ago.

You are so welcome.They are definitely interfering with your rights here to access.

If you can rate 5 stars it is much appreciated.

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