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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38901
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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My wife and I have a 5.5 acre parcel in Placer Co., Ca. We

Customer Question

My wife and I have a 5.5 acre parcel in Placer Co., Ca. We are landlocked, and our only access to the property is an easement through another property. We are parcel "B", and we along with our neighbors on Parcels "C", and "A" depend on the easement. As per book 19 page 85 county parcel maps-"Parcels "A", "B", "C" have the right of legal access to a county road per 2454/110.
Area "K" is appurtenant to parcells "A", "B", "C" for access, drainage and public utilities purposes.
The neighbor whose land the easement runs through to our property, has threatened to put gates, with locks on the easement (giving us keys), even though these easements do not access his property . Can he legally do this?
Thank you, ***** *****
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  socrateaser replied 2 years ago.
Hello, A property owner can gate an easement, but only if doing so does not impair the rights of the easement holder. This means that, at a minimum, the owner would have to provide you with a key so that you could enter and exit the easement at your convenience. If you are barred from entry, then you have the right to sue for interference with your easement rights -- which is approximately the same as trespass. You would have the right to obtain damages for your inconvenience, and an order by the court to either tear down the gate or provide you with keys with which to utilize the easement. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!