Legal Question in Real Estate Law in California
fence around easement w/gate
I am a member of a homeowners association which has a
easement deed on a small piece of my property. It is an easement of right of way, on, under and across for the purpose of maintaining, landscaping and irrigation thereon and for ingree and egress thereto in accordance with the foregoing purposes.
My question is. Legally, can I extend my fence around part of that easement so it becomes part of my back yard and install a gate so access is provided to the association.
1 Answer from Attorneys
Re: fence around easement w/gate
The general rule on easements is that they are non-exclusive rights in land, and the owner of the land subject to the easement can make use of the area subject to the easement in reasonable ways that do not impair the value and usefulness of the easement to the easement holder.
Without actually seeing your situation, it is impossible to say whether your proposed fence with gate would unreasonably interfere with the use of the easement. It's a common-sense matter.
Why not just ask the managers or maintenance people if the fence would bother them? In addition to knowing your legal rights, it is wise to know how other possibly-affected people might react.
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