SP513
08-21-2007, 01:25 PM
My question is about our easement. We have an access easement on our deed. There was three fences in the way of the access. We did open them now that they got rid of there animals, but the new owners will be bringing in horses. My question is how do we go about it? Can we fence the road off or can they put up all these different gates to open and shut just to get to our house? I don't know the laws on these so I can't really say what we can or can't do. Any help would be greatly appriciated.
Troubleshooter
08-23-2007, 10:12 PM
Your post doesn't make clear whether you have an easement on someone else's land, or someone else has an easement on your land.
The land owner generally has control, but may not prevent access to landlocked land. Neither has the right to keep the other from using the easement land. Usually nothing can be built on an easement.
Check with state law. Many states require fences in cases involving animals. Some states require the equivalent of an "animal tight" version of an airlock, using two gates, so an animal cannot escape when a fence gate is opened to admit a vehicle. These must be on the property of the owner of the animals. And if the animals are dangerous (e.g. bulls), they are usually not allowed on easements crossed by others.
Obviously the best solution is to NOT include the easement area within the fence.
If the easement is on your land, the landlocked owner does not have the right to graze animals or load them onto trucks on the easement. He must drive the trucks into his land to load animals.