Can I Cut a Lock on a Gate Blocking My Access to My Property’s Easement?

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I purchased a piece of property from a tax auction. There is a right of way to the property on the deed that was recorded in the early 1970s. The owner of the property which the easement is on has a locked gate blocking access to the easement. My question is, can I legally cut the lock off the gate or perhaps just clear a path next to the gate and put my own gate in next to his? Thank you for taking the time to read my question.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

If you have a legal easement, the owner of the other property is not allowed to “unreasonably” interfere with your use of it.  Putting in a locking gate that you don’t have the key to would almost certainly be considered an unreasonable interference.

However, the gate and the lock are still your neighbor’s personal property, and you would be responsible for any losses from deliberately destroying them.  The correct way to address this would be for either you or your attorney to discuss it with your neighbor, and either get the lock (or the gate) removed, or at a minimum get you a key.


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Can I Cut a Lock on a Gate Blocking My Access to My Property's Easement?
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Can I Cut a Lock on a Gate Blocking My Access to My Property's Easement?
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There is a right of way for my property on the deed. The owner of the property which the easement is on has a locked gate blocking access to the easement. Can I legally cut the lock off the gate or perhaps just clear a path next to the gate and put my own gate in next to his?
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Author: Attorney Alicia