Neighbor building a swinging gate crossing an easement for access

[dgood]

The property is in Los Angeles County, California. I gave my neighbor an easement for access to his property over my driveway. He is now constructing a swinging iron gate that will swing over my property. This gate while swinging or if it remains open will block access to my carport. Can he legally build this gate?

 

[Michael Wechsler]

The property is in Los Angeles County, California. I gave my neighbor an easement for access to his property over my driveway. He is now constructing a swinging iron gate that will swing over my property. This gate while swinging or if it remains open will block access to my carport. Can he legally build this gate?

I haven't seen the language of the easement and the answers may well be in there. My thought is that the answer is no. It's even ridiculous to think he can erect any gate whose usage would require the invasion of your boundaries. You may want to send your neighbor a letter demanding that he cease construction due to the above problem which is violates your land space.