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 general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.Ask a similar question
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 general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this referenceAsk a similar question
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 them an attempt to give you legal advice. In addition, my comments here will not create an attorney client relationship between us and any discussions here will not be protected or privileged. If the nature of your issue is private, you should not bring them up here.Ask a similar question