Can I put an unlocked gate across the right of way?
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Can I put an unlocked gate across the right of way?
I live next to a dealer and he has right of way past my home on the edge of the property. He gets many quick visitors. I’d like to put up a gate at the beginning of my part of the road to my own driveway and that carries onto his. I’d put a sign saying
Asked on September 4, 2019 under Real Estate Law, New Mexico
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If the right of way is 100% on your property, you can do this: his right would be a right of access, but not a right to determine or restrict what you can put on your property (e.g. fence, sign, etc.). So long as you do not actually impede access, you can do this.
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