WA Gate across easement between properties

[brian vanallen]

We have a rural property with an easement. Our neighbour travels along the easement from the street, through our property, to gain access to their property.

There is a fence between our properties, but there is no gate between our properties, at the point where our neighbour enters their property from the easement. The easement finishes at this point.

We have stock, horses and sheep, and we would like to ensure that they stay on our property.

Question - What right do we have to place a gate between both properties? So this would mean that the easement would remain unobstructed, but their would be a gate at the entrance to our neighbours property.

Hope that this makes sense.

Thanks - Brian

 

[Paul Cott]

We have a rural property with an easement. Our neighbour travels along the easement from the street, through our property, to gain access to their property.

There is a fence between our properties, but there is no gate between our properties, at the point where our neighbour enters their property from the easement. The easement finishes at this point.

We have stock, horses and sheep, and we would like to ensure that they stay on our property.

Question - What right do we have to place a gate between both properties? So this would mean that the easement would remain unobstructed, but their would be a gate at the entrance to our neighbours property.

Hope that this makes sense.

Thanks - Brian

Hi Brian,

I think that if, as you say, the easement would remain unobstructed, (and either the gate is locked and you give your neighbour a key or it is not locked) then I see no problem with your proposed gate. Paul Cott

 

[Tripe]

You can’t block or obstruct your neighbour or anyone that visits the neighbours property, or act in a manner that may cause harm to them or thier visitors.

Things to think about ?

Your argument is, you want to keep horses/sheep enclosed in the easment area.

-Is there any risk to the safety of your neighbours or neighbours visitors from the horse, sheep, dog etc? If the neighbour chooses to walks, or ride a bike along the easement?

- and do the neigbours or thier visitors have any disabilities or are elderly and it would be difficult for
Them to manually open any proposed gates ?

The above examples would have to be overcome to place gate(s) In.


And importantly, the situation you describe, ie placing a gate at the top of the easement where it meets the neighbours boundary, would most likely come under the dividing fences act, which would require permission from you neighbour to install.

 

[mockale]

You can’t block or obstruct your neighbour or anyone that visits the neighbours property, or act in a manner that may cause harm to them or thier visitors.

Things to think about ?

Your argument is, you want to keep horses/sheep enclosed in the easment area.

-Is there any risk to the safety of your neighbours or neighbours visitors from the horse, sheep, dog etc? If the neighbour chooses to walks, or ride a bike along the easement?

- and do the neigbours or thier visitors have any disabilities or are elderly and it would be difficult for
Them to manually open any proposed gates ?

The above examples would have to be overcome to place gate(s) In.


And importantly, the situation you describe, ie placing a gate at the top of the easement where it meets the neighbours boundary, would most likely come under the dividing fences act, which would require permission from you neighbour to install.I’ve been looking into wood fencing in san diego, and even with regular fences, the same idea applies you always need to make sure access and safety come first.

Thanks for explaining all that it really helps clear up the situation. I agree that you can’t block an easement or make it harder or unsafe for neighbours or their visitors to access it. Safety around animals is a big factor too, especially if horses or sheep could startle someone walking or biking through.


If gates are needed, they have to be easy for everyone to open, including elderly people or anyone with mobility issues. And since installing a gate on a boundary usually falls under fencing rules, getting the neighbour’s permission is definitely the safest way to avoid problems later.