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    sabryant66's Avatar
    sabryant66 Posts: 1, Reputation: 1
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    #1

    Oct 9, 2012, 05:14 PM
    Can the buyer in a contract for deed force the buyer to take down a gate
    I live in Kentucky and am the buyer in a contract for deed for a piece of property and a house for $110,000. We joined in the contract in Feb 2010. Everything was running smoothly until we started having people steal from us. We've lost close to $14,000 in items since last year to these thieves. Upon paying our house payment last month, we told the seller we wanted to put up a gate in our driveway to keep out the thieves (the items stolen would have to have been taken away in trucks). We also live on top a hill so our driveway is steep and long, so no one can just walk up it and walk out with anything. Anyway, the seller said "that's a good idea, I don't blame you." Now that the gate is up (at our continued expense), the seller is demanding the gate be taken down because he cannot get to his back property (there is 40 acres behind us that he leases out to local growers). He is NEVER at the property, only the leasees of the back 40 acres... and that is only 3 times in the spring and 3 times in the fall. He is threatening to "pull down" our gate. Is this legal? Can he actually do that? We've offered a key to the leasee of the back 40 and to the seller, but he's not going for either suggestion. What are my rights? He has easement rights in the contract, but nothing states we cannot put up a gate. PLEASE HELP..!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 10, 2012, 03:52 AM
    Do you have ANYTHING in writing that he agreed to the gate? What does your contract say about improvements to the property?

    My take is, as long as you are not in breach of the contract, then you can have the gate and he can't touch it. If he damages it, you can sue.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 10, 2012, 04:45 AM
    It is not what the contract does not say, what does the contract say about making improvements to property, and also why you always get it in writing.

    He could declare the contract in default, and turn this into a rental and evict you. Then he could tear the fence down.

    You do not own the property, he still owns it.
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