SA Gates Restricting Access in Property with Easement?

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Barnard

Member
16 August 2018
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0
1
Hello,

I am looking for some help in regards to my easement.

Two separate houses - we share a common easement down the middle to gain access to our rear yards. Just like a driveway.

Some history:

I bought this house a few years ago and the easement was already there. It has gates (not locked) at the entry. Not designed well because my car can only just fit through, and its an inconvenience to open and close them all the time. I did not push the issue because the neighbor was an old lady and the gates made her feel more secure.

Recently she has passed away and the house is now a rental. And I have also bought a boat. The problem I have now is the boat will not fit through the gates. And the gates are old and crappy looking. The easement is plenty wide enough just the gates are a problem and really achieve no purpose. (as each of our yards also have gates). I also do not know how to contact the new owner of the other property.

So my question is. Can I remove these gates? I mean permanently, without any repercussions?

Thank you in advance. Cheers.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
I also do not know how to contact the new owner of the other property.

Ask the managing agent for the owners details. If the agent refuses to pass on your details or give you the owner's email address, which is likely, then in the next correspondence/email suggest the agent will become liable, both agency and the rental manager personally, for damages that are incurred as a result of their refusal to notify the owner of an issue with the property (eg stolen boat because you can't secure it on your property).

Try to negotiate with the new owner first. Post back here if that doesn't work.

BTW, on whose property are the gates?

Would a new larger automatic gate be the solution? Or a bump gate?
 

Tripe

Well-Known Member
22 May 2017
229
14
619
Your easment must be obstruction free, if the width of the gates prevents you from getting you boat in, then you can remove them.

As long as the gates sits inside the easment.

Gates on easments are normally
Not considered reasonable in residential situations.