Can a gate be placed on a non exclusive right of way/easement?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a gate be placed on a non exclusive right of way/easement?

We have drive leading to our house. My
neighbor put a 2 gates across the drive
blocking both the school bus and us from our
home.

Asked on June 24, 2016 under Real Estate Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you have an easement, you can't be restricted from using it: the owner of the property over which the easement passes could put up a gate, but would have to provide you with the keys, etc. to access it. If the neighbor won't listen to the sheriff, you may need to go to court and get a court order requiring him to provide access; such an order is enforceable at need by law enforcement, so if you get the order, the sheriff could, if necessary remove (or oversee, while you remove) the lock or gate. It would be best if you hired an attorney to help you do this, but if you want to act as your own attorney, you can get forms and instructions from the court.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption