Locking an easement gate

riptides · Oct 11, 2009

Tell him mano to mano, either lock the gate, or pay the round-up bill.

two_bit_score · Oct 11, 2009

From reading all the posts here I'm thinking in the long run he'll be better off building a new fence along the easement route.

Maybe close it in some way that he can't even see through it as he drives, maybe like being in a tunnel or something but remember this guy may be around a while so make it easy on yourself in dealing with him. He's obviously a pig and enjoys wallowing in slop.

dave1949 · Oct 12, 2009

riptides said:
Tell him mano to mano, either lock the gate, or pay the round-up bill.

It would be hard for me to refrain from telling him a lot more than that. There's no middle ground here, I wouldn't even try to find any.

Your easement wording mentions a 'pasture road', that implies fences and gates in my mind. Put a lock on the gate, give him a key, send a certified, return receipt requested letter clearly explaining your requirements about closing the gate.

Everytime he leaves the gate open after that, file in small claims court for damages. If he ignores that, so much the better, he will be building a case against himself for more serious proceedings.

Dave.

hbhayman · Oct 12, 2009

Sorry to hear about situation,BUT YOU CANT FIX STUPID the old saying Good Fences Makes or Keeps Good Neighbors I guess maybe that applies to gates too,maybe you could try a self closing gate one with a raised hinge point as you open the gate it raises on the hinged rest area the weight of the gate closes it automatically back to the closed postion the lowest point on the rest at the closed position, this is usually made out of pipe,this type of is popular on large pastures,range areas ect. you can pass thru this gate without exiting your vehicle if equiped with a push bar or brush guard of sorts,at the resting point,closed position usually a small lenght of board with a notched place for the gate to catch on while closed

blueriver · Oct 12, 2009

hbhayman said:
Sorry to hear about situation,BUT YOU CANT FIX STUPID the old saying Good Fences Makes or Keeps Good Neighbors I guess maybe that applies to gates too,maybe you could try a self closing gate one with a raised hinge point as you open the gate it raises on the hinged rest area the weight of the gate closes it automatically back to the closed postion the lowest point on the rest at the closed position, this is usually made out of pipe,this type of is popular on large pastures,range areas ect. you can pass thru this gate without exiting your vehicle if equiped with a push bar or brush guard of sorts,at the resting point,closed position usually a small lenght of board with a notched place for the gate to catch on while closed

Got any pictures of this ...

The Dougster · Oct 12, 2009

Are you legally required to provide him an easement to his property, or are you just being a nice guy? Legal and recorded easements are one thing. If his access is not required, then you have your answer. Lock the gate and let him learn to get by on his own.

dmccarty · Oct 12, 2009

Get Thee to a lawyer....

The wording of the easement maybe a problem for him. Also, if he has other access to his land, you might be able to revoke his access to you land. Especially if you can show he has been causing damages to you by his use of your land.

But this all depends on the easement and your state law. Get to a real estate lawyer who understands these issues.

I would put up a combination lock that has four dials. Its pretty easy to set a combination that is easy to remember and these locks do not require Turn Right 1 time to X, then turn left two times to Y and then turn right to Z. Just four numbers.

And as other said, put up a game camera. To see what he does.

My concern would be your liability if the animals damaged other property and were involved in a vehicle collision. If you can show HE failed to lock the gate it would be his fanny if you can she it was his fault and you have been trying to get him to close the gate. If you know he is not closing the gate and did nothing you might be in trouble legally.

Get Thee to a lawyer....

Later,
Dan

Ronbo · Oct 12, 2009

Ok, lets combine some of these ideas into an easy plan. If his access to his property is on a corner, move your first gate to the side so he has to drive straight up the fence. Placed 2 locks on the gate, one for you and one for him. Place a game camera so you can have a photo and time that he enters and leaves. Disk up a nice wide swath next to the easement that you want him to remain on so he gets stuck if he leaves it. You can even go all around your land and restrict him to the fence. Make is wide and deep enough that he will get stuck. Do not maintain the roadway, let it get rutted and very rough. Install another gate to get to your house.

Ron

tallyho8 · Oct 12, 2009

I mentioned this earlier on but now I would like to elaborate on it. Good neighbors are very important to have, especially when living in the country. Making friends with one instead of making enemies will make your life much easier in the coming years.

Being hardnose and locking him out, filing lawsuits against him, having him arrested, etc., will bring you nothing but grief in the long run. Try to resolve the matter in a way that will make a lifelong friendship. I did this once and that is why I am suggesting it.

I had an easement on my new property and a low class neighbor who had lived there all his life used to race through my property even though he had other access just to be spiteful and to show me that he could do it. He had stopped using my property for a few days when I passed his place and saw his hood up and him working under it. He had motor trouble and no money to fix it. I offered him $1000 for his easement through my property and he jumped on it. I paid a lawyer $150 to draw up the papers and record it. The neighbor has been overly friendly ever since.

It would have cost me over $2000 to fence off that easement instead and now I have complete control of who enters my property making it much more valuable than it was before.

So, IF HE HAS OTHER ACCESS, I believe this would be your best alternative. The previous owner probably could have sold the property for more than you paid for it if the easment had not been there. Your property value will probably increase much more than the cost of the buyout.