Can I put a gate at the end of an easement?
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Can I put a gate at the end of an easement?
I live at the end of a dead end road that has 15 homes. There is an ingress egress easement that goes in to my property. As I mentioned it is a dead end and my property cannot be used to access any of the other properties but is the popular turn around. Can I place a gate at my property and cut off access to the easement only on the portion of my property? I know I cannot restrict anyone’s access to their property but it is a single straight road that dead ends and no other property can be accessed using the easement that is on my property.
Asked on April 12, 2019 under Real Estate Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
An easement is a legal right for the benefits of others and obligation on your land: it is part of the title of your home, the same as the boundaries of your land are. You cannot do anything that interferes with the easement or its use, the same as you cannot trespass on another's land or build any structure on another's land. While in practice, it is possible that no one would complain or take action, if anyone did take action to enforce the easement, you would be forced to tear down the gate.
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