If we were granted a right of way driveway to access our land. is it possible for the person to put up a gate at the end of our driveway?

Asked on October 15, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Pretty much anything is possible when there is a dispute between property owners concerning their land. Consequently, the installation of a gate at the end of your drive (easement) to obtain access to your parcel is possible.

However, if the neighbor has installed a gate to possibly block acess to your parcel, that is not allowed if you were not given the key to it. Likewise if your neighbor installed the gate as a means of intimidation as to you, that is not acceptable as well.

If you have an easement of record to obtain access to your property, your neighbor has no right to impede your access. I recommend that you consult with a real estate attorney about your matter.


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