COHEN, J.
Robert Frost questioned the wisdom of the age-old adage, "Good fences make good neighbors."
The legal issue involves the language of an easement over property located in rural Marion County. In 2003, Appellants purchased the first of two five-acre parcels from Carl and Carmelita Davidson.
In 2007, Appellee, Heather Heiderich, purchased the servient estate from the
Not long after the purchase, Appellee discussed with Appellants her plan to erect an electronically controlled gate across the shared common driveway to insure that horses kept on the property would not wander onto S.R. 19.
While the litigation was pending, Appellee erected a gate. In response, Appellants removed the existing gate from the opposite end of the easement and installed it as a second gate along the front of the easement and adjacent to the electronic gate. On a few occasions Appellants chained their gate open, and on one occasion Appellee chained the gate shut. The Lake County Sheriff's Office was called to the property several times to attempt to settle the neighbors' squabbles.
At trial, Appellee testified that she erected a gate with a keypad next to the driver's side of the driveway. A plate beneath the keypad displayed the entry code for visitors and delivery personnel. The gate's remote control was solar-powered with a battery backup and featured a manual override. By the time of trial, Appellants had relocated and leased their property. Their tenant testified that both he and his guests had no problems using the gate over the past year.
The trial court entered a final judgment declaring that the language of the easement did not prevent Appellee from erecting a gate across the easement and that the gate was not an unreasonable interference with Appellants' access to their property. The trial court found the manual gate erected by the Appellants created an unreasonable burden on Appellee and enjoined Appellants from using or maintaining their separate gate to and from S.R. 19. It further ordered the removal of Appellants' gate and restoration of the fence as near as possible to its original condition.
The issue on appeal is whether the language of the easement providing for "free and unencumbered access" precluded construction of a gate. Appellants interpret this language to mean an open, unobstructed pathway. This court's de novo review leads us to conclude otherwise. Amer. Quick Sign, Inc. v. Reinhardt, 899 So.2d 461, 467 (Fla. 5th DCA 2005). Central to the analysis is that a landowner burdened by an easement may use property
The court in BHB Development, Inc. v. Bonefish Yacht Club Homeowners Association, Inc., 691 So.2d 1174, 1176 (Fla. 3d DCA 1997), set forth the general rule concerning the right of a servient landowner to construct a gate across an easement:
To insure certainty, parties who want to keep an easement free of gates or other obstacles can specifically express that intention in the document. However, failure to do so does not preclude the right to erect a gate so long as it does not interfere unreasonably with the right of way. We do not agree that the language Appellants rely on clearly expresses a prohibition on gates. Further, the trial judge did not err in determining that the gate did not unreasonably interfere with Appellants' easement, and there was substantial, competent evidence to support that finding. We find no merit to Appellants' other issues.
AFFIRMED.
LAWSON and EVANDER, JJ., concur.