Can you gate an access road?

Answer 1

First, I will assume that someone has an easement to use this access road. There is no definitive yes or no answer. The magic words are: you can not cause an unreasonable interference with the easement. So if the access road is accross a cow pasture leding to a single house, then it's probably ok to put one up. If the access road leads to a business, then a gate is probably an unreasonable interference. Even if a gate is not an unreasonable interference, putting a lock on a gate will probably always be an unreasonable interference. So don't unreasonably interfere with an easement, you might end up getting sued.

Answer 2

Your rights and duties on a private road will often be determined by the local planning board, zoning regulations, or equivalent. You should consult them.

For example, you may have to build and maintain the road to "town specifications", as part of the conditions for being granted a subdivision approval or a building permit on the road. The conditions might include either leaving the road open, or with an unlocked gate, or with a key to any locked gate being given to the local fire department. Alternatively (or additionally), you could have to file (register) waivers and releases that essentially permit any emergency vehicle to enter the property "by whatever means necessary" to protect life or safety. There may be an "agricultural zone" in which private roads are permitted to be "subject to gates and bars" to prevent animals from escaping, but still permitting visitors to pass through with minimal imposition (sign: "Please keep gate closed").

You may also need to obtain a building permit to construct a gate, and the building official may explain the local rules to you as part of the process.

Answer 3

Generally speaking, yes. The land and the gate are under the control of the property owner.

EXCEPTION: When the private road is also a legal established 'right-of-way' used to access otherwise 'land-locked' property belong to someone else, the roadway should remain passable at all times, OR the landlocked property owner should be provided with a key to allow him access to his property.

Other than this exception there is no requirement that a property owner offer access to his road to the general public.

A Different Perspective

You cannot gate and lock a private road if others are entitled to use it. private ways and rights of way are complicated areas of law. In most jurisdictions and in most cases a comprehensive title examination must be performed to reveal any existing rights. You should consult with the attorney who represented you at your closing to determine what rights may exist in that road. Your attorney should have a copy of the title examination.

Answer 4

Yes as long as you do not deny access to the people or property owners who have the easement. You will either have to furnish them with a key, access code, or leave the gate unlocked.