Q: Can I leave an easement gate open?
In order to get to my property I must use an easement through my neighbors property. They have put a combination lock on the gate and request it be closed at all times. We prefer to keep the gate open during the day as it’s a hindrance to get out and open and close the combination lock particularly because we have people leaving and coming throughout the day and it’s hard to use the lock while it’s raining ( we live in Washington) the neighbors complain about the gate being open. Do I have the right to leave it open?
A: It is not unreasonable to ask that the gate be closed behind you. If it is a nuisance using the lock, I would explore the possibility of installing a remote control automatic gate opener. The cost of a solar powered or battery powered automatic gate opener is significantly less than the cost of an attorney to litigate any dispute between you and your neighbor over leaving the gate open or closed.
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