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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.