Legal Question in Real Estate Law in California
my deaded road utility easement to my house goes over the end of my neighbors. He wants to run cows without putting fence along my road so he wants gates or cattlegards at bouth ends of road. one is at my property enterence,I want free unrestricted passage to my house as I have hade for 23 years. Water is coming from his other property via hose on my road cows will mess up my road that i maintain . On cattlgard was covered up 23 yearg ago for safe passage when i ride my horse. it is at the road as it comes into his property ,can he put cattlegards or gates up across road and at my property?
1 Answer from Attorneys
The answer is "maybe."
The general topic of gates across access easements is covered in all general taxtbooks on easements and has frequently been litigated. The basic decision rule applied by judges is a rule of rerason, based on weighing the necessity of the fence and gate against the inconvenience caused. For example, a locked gate whose sole purpose is to keep out an occasional trespasser would probably be impermissible, whereas a cattle guard protecting a bona fide working cattle ranch or dairy farm would probably be permissible.
One suggestion that might keep you friendly neighbors and out of litigation is to investigate automatic electric gates that open at the approach of an automobile, or that are activated by a rdio remote-control device. Expensive, but so are lawsuits.
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