Question on right of way easement

Asked over 1 year ago - Carmichael, CA

I live in Carmichael CA. We own one of three parcels with a right of way easement private road to the main road. Since we are at the end of the private road, can I place a gate across the road at my property line. The private road stops at my front yard.

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

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    Answered . Generally speaking, yes. The gate would be okay so long as you are not preventing the other parcel owners from ingress and egress. However, without having reviewed the actual easement, and without more information, one would only be able to provide you with a general rule of thumb rather than a specific response. As a practical matter, before you incur the cost of materials and labor to install such gate, you really ought to consult with your neighbors regarding your plan.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Michael Raymond Daymude

    Pro

    Contributor Level 20

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    Answered . I agree with Mr. Chen. A review of the easement is required. The review would need to include not only a review of your deed but the deeds of the other landowners.

    I live on a private street and my situation is similar to yours. Our deeds grant an easement for ingress and egress over all 3 parcels for each landowner. The end parcel contains a 3-point turn-around area -- sometimes necessary for large vehicles so they do not have to back down the street. The deeds also contain provisions regarding maintenance.

    As the owner of the middle property I would object to your proposed gate which would interfere with my easement, although I would not object to one at the beginning of the street which benefited all three landowners.

    IMO, you should get not only consent but written recorded consent unless it is entirely clear that your neighbors have no easement rights over the street on your property.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Majeed Michael Hassanpour

    Contributor Level 4

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    Answered . I agree with both of my colleagues above. Your rights and obligations will depend on the wording of the easement and prior use history by all the parcels. In order to be safe, try and get the written recordable approval of your easement neighbors.

    My answers are general and without knowledge of the details of your situation, therefore, you must not consider... more

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