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KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4219
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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Someone has an easement acrose my land, He takes down my

Customer Question

someone has an easement acrose my land, He takes down my fence to put in agate on a cross fence where I need a road, can he put a lock on gate he built and keep me from using it?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 1 year ago.

Hello, I am happy to assist.

Ok, so if he has an easement across your land, he does have the right to put in a fence with a gate if he needs to get access there. But no, I do not think he can legally lock it, because the fence now belongs to you, not to him. It's on your property, not his, and all he has is the right to pass through. So he has to remove the lock and if he doesn't, you can remove it.

You can also remove the gate all together if you want to just let him pass through. There is no need for a gate unless you want it there.

Let me know if you have any questions about this.