May I put up an unlocked gate on a shared easement?

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May I put up an unlocked gate on a shared easement?

I have notified all the easement user. Only one is fighting me on it and wants to sue/take legal action with me. We were trying to stop the extra traffic of people just looking for a place to party.

Asked on June 11, 2012 under Real Estate Law, Washington


Kenneth Berger / Kenneth A. Berger, Attorney at Law

Answered 10 years ago | Contributor

Generally, yes, you may gate a shared easement.  Many people decide to use automatic electric gates for ease of use.

You might also consider:

posting signs (i.e. no tresspassing)

improving the access so it looks well maintained

clearing the trees/bushes around so that intruders can be seen from far away

having an attorney send a letter.

Good Luck.


As always, my comments are only applicable to Washington State and are not a substitute for getting competent, local, and more comprehensive, legal help.


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.

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