Can a gate be placed on a non exclusive right of way/easement?
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Can a gate be placed on a non exclusive right of way/easement?
We have drive leading to our house. My
neighbor put a 2 gates across the drive
blocking both the school bus and us from our
home.
Asked on June 24, 2016 under Real Estate Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you have an easement, you can't be restricted from using it: the owner of the property over which the easement passes could put up a gate, but would have to provide you with the keys, etc. to access it. If the neighbor won't listen to the sheriff, you may need to go to court and get a court order requiring him to provide access; such an order is enforceable at need by law enforcement, so if you get the order, the sheriff could, if necessary remove (or oversee, while you remove) the lock or gate. It would be best if you hired an attorney to help you do this, but if you want to act as your own attorney, you can get forms and instructions from the court.
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