Looking at buying some land that is being divided up by the original owner.

The piece we're looking at is 12 acres in a rectangle with it being deeper than wide from the road.

There is an ingress/egress easement with an existing driveway running down the side of the property along the fence line. There is a house with someone living in it on the behind the property. They currently have the option of using the driveway that is on the property or going out a drive way on the far "left" of the property.

All that to say, is there any reason I can't put a gate across the easement assuming I give access to the people in the house behind the property?

Another question, I realize you can't land lock people but if they have another way to get out is there any reason I have to give them access through that property just because they currently have it? Can I block them out if they have access to a road through the second driveway?

The answers are all highly variable and dependent on the particular fact situation. There isn't enough information provided to say one way or another.

But you'll get a lot of responses.

Needs a lawyer

Get a copy of the recorded easement and take it to a real estate attorney before you do anything.

BreNayPop said:

---

Needs a lawyer

---

Yep. If it were me, I would put up a fence enclosing all of my property NOT in the easement and gate it where I wanted. Seems this would avoid all easement issues for present and future.

I have worked in Real Estate for years. Easements (especially poorly written or by prescription) are one of the most common things to cause heartburn (litigation / confrontations) possible. Will you receive title insurance? If so, title companies will reflect matters affecting your ownership of the property on schedule B. In other words, if the commitment is shown, they feel it applies. PM me if you would like. (20 years in Title and O&G.)

All that to say, is there any reason I can't put a gate across the easement assuming I give access to the people in the house behind the property?

Another question, I realize you can't land lock people but if they have another way to get out is there any reason I have to give them access through that property just because they currently have it? Can I block them out if they have access to a road through the second driveway?

We have a similar situation as does our adjoining neighbor. I simply fenced off the part of the ingress/egress easement from the rest of our property and don't jack with the folks who can legally use it, despite them having a hard top road from the other side of their property to use.
My neighbor, years ago, decided to put a pipe gate across his portion of the easement and locked it, locking them out. They sued him and he lost. The judgment said my neighbor could lock the gate but had to provide them with a key. He did so, for awhile. Every now and then he would change the padlock and not tell them. They in turn would cut the lock, turn on his water spigot at the watering trough full blast and it might be a few days before he found it.
In the end, he was out cash for an attorney, locks, huge water bills and no telling what else. His barn was always getting shot up.

If they have an easement, regardless if they use it or not, it's theirs until they release it.

Nagler said:

---

Looking at buying some land that is being divided up by the original owner.

The piece we're looking at is 12 acres in a rectangle with it being deeper than wide from the road.

There is an ingress/egress easement with an existing driveway running down the side of the property along the fence line. There is a house with someone living in it on the behind the property. They currently have the option of using the driveway that is on the property or going out a drive way on the far "left" of the property.

All that to say, is there any reason I can't put a gate across the easement assuming I give access to the people in the house behind the property?

Another question, I realize you can't land lock people but if they have another way to get out is there any reason I have to give them access through that property just because they currently have it? Can I block them out if they have access to a road through the second driveway?

---

It doesn't matter if they have 5 ways in and out of their property. If that easement was executed in their favor, there is nothing you can do about it. Gating it off without their consent would be the quickest way to find yourself on the wrong end of a law suit.

Unless, as previously stated, they quit claimed it, or sell it back to you, you really have no right to do anything to it, including obstruction and enclosure.