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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33716
Experience:  15 years real estate, Realtor. Landlord 26 years
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Can you build a permanent gate on a public easement, santa

Customer Question

hi.... can you build a permanent gate on a public easement
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: santa cruz ca. unincorporated area
JA: Has any paperwork been filed?
Customer: pper work?
JA: Anything else you want the lawyer to know before I connect you?
Customer: my neighbors built a big iron gate on the public easement thereby removing 10' of my property frontage and does not allow ingress to my property
Submitted: 12 days ago.
Category: Real Estate Law
Expert:  Barrister replied 12 days 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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Who owns the underlying land that the neighbor put the gate on?

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Do you have an actual written easement giving you the right to enter/exit using that route that is now blocked by the gate?

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If not, how long have you been using that route to enter and leave your property?

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thanks

Barrister

Customer: replied 12 days ago.
Public easement, down both sides of a private road, my property has 40 feet of frontage at the end of the street. My neighbor built a big iron gate on. The public easement to legtheing
Their driveway now I need to expand my gate to allow ingress for my rv/motorhome I have lived here 35years
Expert:  Barrister replied 12 days ago.

Ok, if the neighbor has put their personal property (i.e. the gate) on property owned by someone else, that is a trespass and the underlying land owner would have grounds to force them to remove it.

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Further, if their actions have interfered with your easement rights to access your property that have been established over 35 years, then you could file a "quiet title" suit against the neighbor and argue that they have improperly encroached on your easement and get a judge to order them to move their gate so it does not impede your access.

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thanks

Barrister

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