Legal Question in Real Estate Law in California

An easement on private property

There is an easement through our property and three other homes are behind our property. Before we purchased the property, there was an electric gate blocking the easement. All property owners behind the gate have electronic remotes to open the gate. On the gate there was a push button to activate the opener, which we have replaced with a combination keypad. The owners behind the gate still have the remotes which still activate the gate. All interested parties that live behind the gate have been given the access code for the keypad. Question: Is it legal for us to stop all through traffic (this is private property) with the keypad, or must I provide a single push button to open the gate rather than a combination?

We would greatly appreciate a reply. Thank you.


Asked on 1/23/98, 1:02 am

1 Answer from Attorneys
Thomas W. Newton Tims & Newton

Controlling access to the easement

Interesting set of facts! The answer to thequestion depends on how the easement wasfirst created. Based solely on what you'veposted in your facts, if the properties thathave right to use the easement are allowedaccess, their rigths are protected. My gutsays that the mechanics of access ... key pador otherwise, would be a matter of agreementbetween the owners of the dominant tenants andthe subservient tenant, *unless* the manner ofaccess is specified in the conveying documentthat created the easement. How old is theeasement? What type of document created theeasement? Who, if anybody, is complainingabout the present situation?

Please understand that the foregoing responseto your question does not constitute a legalopinion, given by counsel to a client at the client's request. My thoughts on this issue,expressed above, do not constitute legal advice,nor does my provision of the response create,impliedly or expressly, and attorney-client relationship between you who haveposted the question, and I and my firm, who have replied by way of accomodation.

Also, please excuse any typos. I'm not goodat proofing my own stuff...

Best Regards,

TW Newton

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Answered on 1/27/98, 2:08 am


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