Anyone who owns property in New Mexico that is subject to an easement needs to understand their rights when it comes to maintaining gates or fences on the property. In these types of scenarios, you may be wondering: when property or a parcel of land is subject to an easement, can the servient estate owner maintain gates on the property? The “general rule is that the grant of a way without reservation of the right to maintain gates does not necessarily preclude the servient estate owner from having such gates,” according to the case of Huff v. McClannahan(1976). However, there are limitations, and cases must be assessed based on whether the gates are necessary and whether they unreasonably interfere with the right-of-way.
Our New Mexico boundary dispute lawyers can provide you with more information about the case and what it means for property owners in Santa Fe today.
Getting the Facts About Huff v. McClannahan
In Huff v. McClannahan, the plaintiffs owned an easement across the defendants’ property. As the court reported, the language of the easement indicated that it “shall be used primarily for a roadway by both the dominant estate . . . and the servient estate.” In property law, the dominant estate is the property that uses an easement or has a right-of-way on another parcel of land. The servient estate is the property or parcel of land that is subject to the easement.
The plaintiffs acquired the easement, which is also described as a right-of-way, prior to the time that the defendants acquired their property. Approximately 10 years after the defendants acquired the property that was subject to the easement, they installed gates on the property but left them open. After realizing that open gates “failed to prevent unauthorized use of this roadway by third persons,” the defendants “closed the gates and demanded that plaintiffs, in using the roadway, keep the gates closed.”
The plaintiffs sued, arguing that the defendants had wrongfully interfered with their ability to use the easement or right-of-way by installing the gates and requiring the plaintiffs to keep them closed. The trial court found in favor of the plaintiffs and ordered the defendants to remove the gates and to give the plaintiffs “open and unobstructed use of the . . . right-of-way for a roadway.” The defendants appealed to the Court of Appeals of New Mexico, where the decision was affirmed in favor of the plaintiffs.
Easements and the Right to Maintain Gates
In considering the case, the Court of Appeals reviewed the trial court’s language, quoting:
“[T]he general rule is that the grant of a way without reservation of the right to maintain gates does not necessarily preclude the servient estate owner from having such gates, and unless it is expressly stipulated in the grant that the way shall be an open one, or unless a prohibition of gates is implied from the circumstances, the servient owner may maintain a gate across the way if necessary for the use of the servient estate and if the gate does not unreasonably interfere with the right of passage.”
The Court of Appeals affirmed that the gates had unreasonably interfered with the plaintiffs’ use of the property because “the gates prevented proper and reasonable use of the easement granted,” and therefore “the placing of the gates in the right-of-way was unreasonable.” Accordingly, servient estate owners may be able to place gates on the property, but the gates must meet both of the following:
- Gates must be necessary for the use of the servient estate; and
- Gates must not unreasonably interfere with the right of passage.
Contact a Santa Fe Boundary Dispute Lawyer
Do you have questions about rights concerning an easement? Our boundary dispute lawyers in Santa Fe can help. Contact Slate Stern Law for more information.