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My neighbor has a non-exclusive easement on a road that is…

My neighbor has a non-exclusive...
My neighbor has a non-exclusive easement on a road that is on my property in order to get in and out of his property. Years ago he asked me the permission to erect a gate at the entrance so to protect his property from intruders, I agreed to in writing.
2 questions:
Can he claim any rights of ownership on my property?
Do I need his permission to remove that gate?
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Answered in 4 minutes by:
11/30/2017
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,583
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Can he claim any rights of ownership on my property?

NO. An easement by prescription (involuntary but legal control over someone else's land) or adverse possession (squatter's rights) needs control of the land without permission from the actual owner for a period of time. In this case, he HAS your permission. So he cannot (or should not) be able to claim any control.

Do I need his permission to remove that gate?

Yes. If someone in your situation gave permission to him IN WRITING to erect a gate, then he has an estoppel claim to keep the gate (unless the written agreement has an end date), and it may be taken down either (1) with his written permission, or, (2) if he abuses the gate/easement. In the second scenario, you'd need a court to agree to the taking down of the gate.

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Customer reply replied 7 months ago
Thank you.
He is encroaching on my property as follows. My property is surveyed and the property line is very clearly marked by a surveyor and recorded with the county. He has erected a carport and is storing cars, trucks, trailers and other junk on my side of the property line. How then do I get him to remove those and keep to his side of the line?

First, a letter threatening legal action. If he continues and does not remedy the situation, someone in your situation has the ability to file a QUIET TITLE action in Court, asking the Judge to extinguish the easement due to his abuse of it by encroaching unto your property from it and refusing to stop. While subjective, abuse of an easement can be cause for its extinguishment.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ely
Ely, Counselor at Law
Category: Real Estate Law
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Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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