Can someone put a gate on an ingress/egress easement?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can someone put a gate on an ingress/egress easement?

I live off a private road. There is a neighbor who installed a gate at the point of entry from the main road to the private road and is insisting we both keep the gate closed. I have an ingress/egress easement written into my deed that spans a portion of where he put the gate. He has an

ingress/egress easement granted to him by another land owner that spans 20′ to the North of ours. However, that easement has not actually been cleared it is lined with trees and he’s planning to clear it so he can have his own road back to his house. I do not believe I have any responsibility to keep that gate closed. Further I don’t believe he had the right to build it in the first place.

Asked on September 19, 2017 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Who owns the property? The owner may place a gate and require that it be kept closed so long as you have the ability to access it (e.g. a key if necessary)--after all, while you have a limited right of ingress/egress, it is the owner's property, for him/her to otherwise do with as he/she pleases, and so long as he/she does not violate the easement, he/she can put up the gate. So if this neighbor owns the land where the gate is situated, he or she can do this; otherwise, he does not, since only a property owner can install a gate.

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 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 lock Secured with SHA-256 Encryption