Legal Question in Real Estate Law in New Mexico
easement road
My property and a neighbors property are adjacent to a road easement. My neighbor uses the road easement to access his home (located behind my property) on a daily basis. I use the road easement intermittently to access my property from one side. The fence between my property and the road easement contains two gates. My neighbor now tells me that he plans to block the gates so that I can no longer access my property from the side entrances. Can he place a gate across this road easement so that I can no longer access my property? I have searched the internet but cannot find any information about "road easements", the definitions or rights of adjacent property use.
1 Answer from Attorneys
Re: easement road
It depends on the language of the documents conveying the easement. It is likely that you own the land and that ownership is burdened by the easement. The easement gives the beneficiary the right to use your land, or a specified portion, for a particular purpose, in this case a road. You retain all other rights of ownership of the land, provided they are not inconsistent with the use in the easement. That would generally mean that you, not your neighbor, have the right to put up fences and gats at the side of the road easement. But have a local lawyer look at the actual documents to be sure what rights are granted. If he was granted the right to fence it, you may have a problem.
Daniel Press
Chung & Press, P.C.
6723 Whittier Ave., Suite 302
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
