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Question:
I am able to access my property by a written, recorded easement that states I have “uninterrupted and free use” of the easement. The owner of the servient estate (the person over whose land the easement crosses) has built a gate across the easement. Can he do that across an easement that grants “uninterrupted and free use?”
Answer:
Likely not.
Keep in mind that every easement is different and even slight changes in wording could change the way a court might interpret the document. So, it is imperative that landowners read the language in their own easements and seek legal advice to help interpret that language.