For example, if an electric company with a utility easement has strung wires across its right of way, youre not legally allowed to take them down or block their path. Verified LawEducator, Lawyer If the easement only benefits an individual personally, not as an owner of a particular piece of land, the easement is known as "in gross.". Can Easements Name For information regarding a specific legal issue affecting you, pleasecontact an attorney in your area. Opinion: How could the As ungrateful owner do this to us? In other words, you can think of non-exclusive easements as stackable on top of each other, with different easement holders being able to use the same area at the same time for different or similar purposes. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. In finding that the neighbors gate had unreasonably interfered with the plaintiffs use of the easement, the court in Van Klompenburg upheld the standing rule of law on this issue: ..the owner of the servient estate may erect gates across the way, if they are constructed so as not unreasonably to interfere with the right of passageHowever, where an easement under a grant is specific in its terms, it is decisive of the limits of the easement.. I moved into this rental almost 5 years ago and have had no However, you may visit "Cookie Settings" to provide a controlled consent. The Cattle owner can be liable for trespassing if he allows his cattle to go on your property. There, the court focused on the intent of the parties to reach its conclusion that gates were not allowed. Ask Your Own Australia Law Question. Can I put a gate across my driveway? Prescriptive Easements. Right to build gate across easement will vary, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), First Republic Bank seized, sold to JPMorgan Chase, Right to build gate across easement will vary case by case.