What is the name of your state (only U.S. law)? Colorado
I have an easement to drive through my neighbors property. The language specifically states the following- THAT PART OF THE SW 1/4 OF THE NW 1/4 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 71 WEST OF THE 6TH PRINCIPAL, MERIDIAN DESCRIBED AS: BEGINNING AT THE SE CORNER OF SAID SW 1/4 NW 1/4; THENCE N 88 DEGREES 56 MINUTES 29 SECONDS W. ALONG THE SOUTH LINE OF THE NW 1/4 OF SAID SECTION 27, 493.82 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF PINE VALLEY ROAD; THENCE N 2 DEGREES 24 MINUTES 11 SECONDS E, ALONG SAID EAST RIGHT OF WAY LINE, 208.07 FEET; THENCE S 88 DEGREES 56 MINUTES 29 SECONDS E 485.17 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID NW 1/4 OF SECTION 27; THENCE S 00 DEGREES 18 MINUTES 24 SECONDS W, ALONG SAID NORTH-SOUTH CENTERLINE, 208.00 FEET TO THE POINT OF BEGINNING, TOGETHER WITH A RIGHT OF WAY FOR INGRESS AND EGRESS OVER AN EXISTING ROAD RUNNING GENERALLY NORTH AND WEST FROM THE ABOVE DESCRIBED TRACT THROUGH THE *** PROPERTY To THE ** ROAD, IN ACCORDANCE WITH THE *** CONTRACT, AND AS REFERRED TO IN DEED RECORDED IN BOOK ** AT PAGE ** OF THE JEFFERSON COUNTY RECORDS, COUNTY OF JEFFERSON, STATE OF COLORADO.
The owners recently sold the land and the new owner blocked off my access to the existing road that is referenced in the easement with boulders and cut out a much less accessible dirt road on the property. He has now installed a locked gate and is requiring that we keep the gate locked at all times.
Two questions-
1. Does he have a right to deny us access to the original existing road which is mentioned in the easement?
2. Does he have the right to require that we unlock and lock the gate each time we access the road?
I have an easement to drive through my neighbors property. The language specifically states the following- THAT PART OF THE SW 1/4 OF THE NW 1/4 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 71 WEST OF THE 6TH PRINCIPAL, MERIDIAN DESCRIBED AS: BEGINNING AT THE SE CORNER OF SAID SW 1/4 NW 1/4; THENCE N 88 DEGREES 56 MINUTES 29 SECONDS W. ALONG THE SOUTH LINE OF THE NW 1/4 OF SAID SECTION 27, 493.82 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF PINE VALLEY ROAD; THENCE N 2 DEGREES 24 MINUTES 11 SECONDS E, ALONG SAID EAST RIGHT OF WAY LINE, 208.07 FEET; THENCE S 88 DEGREES 56 MINUTES 29 SECONDS E 485.17 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID NW 1/4 OF SECTION 27; THENCE S 00 DEGREES 18 MINUTES 24 SECONDS W, ALONG SAID NORTH-SOUTH CENTERLINE, 208.00 FEET TO THE POINT OF BEGINNING, TOGETHER WITH A RIGHT OF WAY FOR INGRESS AND EGRESS OVER AN EXISTING ROAD RUNNING GENERALLY NORTH AND WEST FROM THE ABOVE DESCRIBED TRACT THROUGH THE *** PROPERTY To THE ** ROAD, IN ACCORDANCE WITH THE *** CONTRACT, AND AS REFERRED TO IN DEED RECORDED IN BOOK ** AT PAGE ** OF THE JEFFERSON COUNTY RECORDS, COUNTY OF JEFFERSON, STATE OF COLORADO.
The owners recently sold the land and the new owner blocked off my access to the existing road that is referenced in the easement with boulders and cut out a much less accessible dirt road on the property. He has now installed a locked gate and is requiring that we keep the gate locked at all times.
Two questions-
1. Does he have a right to deny us access to the original existing road which is mentioned in the easement?
2. Does he have the right to require that we unlock and lock the gate each time we access the road?
