Q: Can my neighbor put a chain or gate up on our shared easement without my agreement?
The easement is recorded on the deed and has been in place for 50 years. It's the only way to my property. They have owned their property for 4 years. Ownership has changed 6 times (4 since my 26 yrs of owning my property) with no issues since it's a legal easement. It is the only way to get to my residence via my quarter mile driveway. I have deliveries that aren't getting delivered because UPS/FedEx/mail carrier aren't going to remove the chain, I have disabled parents that visit frequently that can't easily get out of their car to undo it. It is placed right where the driveway and road meet so whoever is entering has to park in the middle of the road between two blind curves, exit the vehicle and try as quickly as possible to remove the chain and safely get back to the vehicle while my children wait. I am also in the process of selling and it is interfering with the sell. What can I do?
A: Putting an unlocked chain on a common easement might not be prohibited by a Court as an unlawful termination of your rights. Whose property is the gate on? The easement needs to be in the chain of title of that property owner, not the other that enjoys using it. You might file a Declaratory Judgment action, but the expense is probably not worth it. If your land, remove the chain. If not, then you might get sued or the landowner may attempt to terminate your ROW.
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