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CALawyer
CALawyer, Lawyer (JD)
Category: Legal
Satisfied Customers: 1655
Experience:  Graduated Magna Cum Laude (Law School), Graduated Undergraduate at 19 Years of Age.
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i have an easement thru my property and the neighbor has ...

Resolved Question:

i have an easement thru my property and the neighbor has another access to his property and does not live or have anything in that land . he claims i have no right to put gates and use it for horses to graze. it that so
Submitted: 9 years ago.
Category: Legal
Expert:  CALawyer replied 9 years ago.
What does the easement say?

How long have you been using it for the fences/gates/horses?

Have you ever had permission to do so? Describe.
Customer: replied 9 years ago.
i've been using it for 3 yrs since i moved in. the easement says for ingress and egress and public utilities within the subdivision. don't understand the permission question
Expert:  CALawyer replied 9 years ago.
The permission question was an attempt to determine whether you might have a claim for a prescriptive easement. Since it has only been 3 years, it ends up not being an issue.

As far as the easement itself, typically feeding horses and fencing would be beyond the scope of the easement's allowed use if it is a simple ingress/egress easement. As such, you probably can't graze your horses there or place gates on the neighbor's property. If the neighbor doesn't do anything about it with the courts you may obtain the right to do so after a significant amount of time has passed.

However, depending on the way the easement is worded, you might be able to fix/build a road and or put fencing in to the extent necessary to utilize the easement. Although you would need to be careful not to damage the property in doing so, and it could be a contentious point whether it would be allowed or not.

If this information was helpful, please click ACCEPT to give me credit for answering. If you need any clarification just let me know.
Customer: replied 9 years ago.
Reply to CALawyer's Post: i don't have the right to request that he leave the gates closed when he is not here, since he rarely is and has another access to his property
Expert:  CALawyer replied 9 years ago.
Are the gates on your property or his?
Customer: replied 9 years ago.
mine
Expert:  CALawyer replied 9 years ago.
You have a right to ask him to keep them closed as long as you aren't locking him out to prevent his access to his own property/easement.

If this information was helpful, please click ACCEPT to give me credit for answering. If you need any clarification just let me know.
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