Nothing states exactly that he can't put a gate/chain across the roadway. But the Easement does mention Reasonable use. Here is the language within.
2. Description. The easement granted in this Easement is a non-exclusive easement. The Easement granted is perpetual, and is for the use and benefit of the occupants of the Property owners, and their guests, licensees and invitees.
3. Scope and Purpose. The Easement granted in this Easement is an easement for roadway, utility and ingress and egress purposes including, without limitation, the following:
Vehicular and pedestrian access over and across the Roadway for ingress to and egress through all of the Properties.
The right of the Property owners and their successors and assigns, and the contractors or other agents of each, to construct, install, use, maintain, alter, add to, repair, remove, replace, reinstall and reconstruct electrical, water, sanitary sewer, natural gas, telephone, drainage connections, cable television or any other type of utility line, cable pipeline, conduit or other transmission medium, and any and all other improvements reasonably related to utility purposes (“Utility Improvements”) in, over, under, through and across the Roadway.
The scope of the Easement shall be interpreted in a broad manner for the purpose of allowing all activity consistent with use of the Roadway for roadway, utility, ingress and egress purposes.
Reasonable Use. Any entrance upon or movement across the Roadway be any person whose rights arise under this Easement shall be conducted thereon such that it does not damage the Roadway or any improvements thereon, or unreasonably interfere with the rights of free use and enjoyment of the Roadway or any improvement located thereon by other persons whose rights arise under this Easement, or otherwise unreasonably increase the burden on the Roadway.
Any person damaging the Roadway shall repair and/or replace any damages they may cause to the Roadway or any improvement thereon such that it meets the reasonable approval of the Parties. Any person found to be violation of this paragraph shall be liable for any and all damages at law or on equity associated with or arising under such violation. In addition, no owner of any part of the Roadway shall make any use of the Roadway which shall unreasonably interfere with any person's free use and enjoyment of the Roadway under this Easement. Any activity on the part of any owner of the roadway which is reasonably related to the development and sale of any portion of the Properties shall not be deemed an unreasonable interference.
I don't understand much of this but my free use and enjoyment is impeded by having to unlock and lock the chain each time I pass through. Not to mention that visitors, contractors, emergency response people would not have access to my property unless I opened it for them.
The chain is located on another persons property that the road traverses. I have reached to them in hopes they would have him remove the obstacle. But I have not yet received a response.
