Can I put a gate on a private road?

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Can I put a gate on a private road?

Our next door neighbor as well as my husband and I own and are responsible

for the maintenance of a private road that is an easement for ingress and

egress. We are located at the very end of the road. It is a dead end. The guy up front by the main road has been cutting across our road and tearing it up. His girlfriend owns the 2 properties on each side of our private road so he thinks he can drive across it. They have their own driveway. There is no reason he should be using ours. So we and the next door neighbor want to put a gate at the front. I want to make sure that we can do that legally and if we need any permits.

Asked on June 21, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If, as you indicate, you and your neighbor own the road, *and* the "guy up front by the main road" does not and his girlfriend also does not, *and* if as you also indicate they do not need to transverse the road to get to their property, then you can gate it: you don't need to allow non-owners or people without a legal right (e.g. easement) to enter or cross over your property (including jointly owned--i.e. with your neighbor--property). Just make sure 1) that the easement to which you refer does not grant rights to anyone other than you and your neighbor (you cannot cut off easement access) and 2) that you place the gate so that it is not at all on or blocking access to anyone else's property.
As to whether you need a permit: check with your own and/or county--which level of local govenment handles construction permits in your area. Permitting is a local question, so you have to check local ordinances.
 


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