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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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There is a deeded access to use my driveway through my

Customer Question

There is a deeded access to use my driveway through my property that the neighbors use to access there house. I sometimes have horses on property. I have a latched (no lock) on a gate entering the property.
What are my rights as far as keeping the gate closed. Us and neighbors now have to get out and open and close the gate for access?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'm an attorney in Tennessee. Thanks for your question. I'll be glad to assist.

Generally, as long as you do not prohibit or stop the neighbor's access, you aren't in violation of the easement access. For instance, if you were to put a lock on the gate and not give a key to the neighbor, you'd have a problem. But, if you're just closing the gate, that shouldn't be a violation UNLESS the written access has language to the contrary.

Customer: replied 1 year ago.
I am checking now for any language in deed.
Expert:  Roger replied 1 year ago.

Ok. As long as there's no prohibition about keeping the gate shut, there shouldn't be any issue if you do this may inconvenience the neighbor to some degree, but it is not going to be violative of the easement (as long as there's no language to the contrary).

Customer: replied 1 year ago.
The language says. " easement conveyed to______ for ingress aand egress over the road and property."
Customer: replied 1 year ago.
I am just trying to keep a horse from getting out onto the hiway.
Expert:  Roger replied 1 year ago.

As long as the deed doesn't prohibit it and as long as you're not prohibiting access, you should be ok.

Customer: replied 1 year ago.
What if they call the Sharriff or leave gate open? and what about horse getting onto thier property if they do not close thier gate between thier property and mine?
Expert:  Roger replied 1 year ago.

The sheriff likely won't get involved unless there's a court order directing that office to do so.

As for leaving the gate open, you likely can't force that on them if the easement doesn't require it. Thus, your best option may be to try and reach a deal with the neighbor instead of acting unilaterally or without an agreement.