Legal Question in Real Estate Law in California
Neighbor refuses to close shared gate
My neighbor has easement rights to enter through a gate on my property and to cross my property to access his home. I have lived here for 20 years and keep the gate closed at all times for security. He bought the property next door and refuses to close the gate after he enters. I took him to mediation where he agreed to close the gate. Unfortunately the mediator did NOT put anything in writing - he merely had us shake hands. The neighbor still refuses to close the gate. I fear for my safety as the properties are in a rural area but are directly adjacent to a road that has over thirty thousdand cars a day traveling to a local casino. In addition, there is ongoing construction and often the cars are stopped alongside my driveway. With the gate open it is an invitation for people to simply drive in. Is there anything I can do?
3 Answers from Attorneys
Re: Neighbor refuses to close shared gate
Yes you can get a court order obligating your neighbor to close the gate. Our CA attorney member can assist you if you wish. NanceGroup.com
Re: Neighbor refuses to close shared gate
There has been a ton of litigation over this issue in many states, including California.
A quick review of the results of cases over this issue shows that, absent express language in the grant of easement allowing or prohibiting minor obstructions such as unlocked gates, the courts will apply a rule of reason, weighing the relative importance and value of quick and unobstructed access by the easement holder versus the legitimate needs of the owner of the servient estate (you, in this case).
For example, if the owner of the servient estate has livestock that need to be confined, an unlocked gate would be deemed reasonable; but if the easement served, for example, a country school, opening and closing the gate over and over by arriving and departing parents would probably be considered an unreasonable interference.
Some case citations for you that you might want to look up and read: McCoy v. Matich (1954) 128 Cal.App.2d 50; Church v. Goldston (1955) 133 Cal.App.2d 512; Van Klompenburg v. Berghold (2005) 128 Cal.App.4th 345.
Re: Neighbor refuses to close shared gate
An oral agreement is a contract. If you wish to petition the court for an order, call me directly.
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