If I bought land that has an easement on it, can the person who has the right to the easement put up a gate and lock on the easement without giving me a key?

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If I bought land that has an easement on it, can the person who has the right to the easement put up a gate and lock on the easement without giving me a key?

Asked on April 7, 2012 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

For a definitive answer, you should consult witha real estate attorney who can review the deed and title documents and determine precisely what rights this easement holder  has with this easement.

That said, as a general matter, no--the easement holder should not be able to do this. An easement is a right for that person to use or access some portion of your land, such as for ingress or egress to part of  his property; it is not a right to deny you the use of or access to your own property.


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