Neighbour trouble brewing.....?

[JakeBrake]

weed, looking forward to finding out how this all plays out 'down under'. Whenever I read one of these threads I am thankful that I have no easement issues to deal with. Good luck and I hope you use honey to catch the flies. In the long run it seems to be cheaper.

I used to think I did not have any easement issues. That was before MegaPowerCorp decided to build a high power line through the middle of my property.

Now I keep reminding myself that MegaPowerCorp paid more than twice what I paid for the entire property for a 100 ft wide right of way through the property.

 

[two_bit_score]

I used to think I did not have any easement issues. That was before MegaPowerCorp decided to build a high power line through the middle of my property.

Now I keep reminding myself that MegaPowerCorp paid more than twice what I paid for the entire property for a 100 ft wide right of way through the property.

You bring up a good point. Just because there aren't any easement issus currently doesn't mean it will stay that way.

We are in an area of significant mineral development at one place and pipelines are going in every where around there.

 

[weedpharma]

With complete respect to your opinion, I strongly disagree. The gates are for your benefit. A fence would be the best thing for your neighbor, not a gate. The gates in the fence are to enable your passage and benefit you and all those who use the access easement. If there were no gates and a fence instead, wouldn't the neighbor be happier than now? I'm sorry, but my "benefit formula" says that this is to your benefit instead of your neighbor's.

.

We are all entitled to our opinion and I disagree with yours. A fence would be best for the neighbour if he had another means of moving around his property. Unfortunately this would make it impossible for him to allow my legal access as per his and my titles. He purchased the property knowing that he could not block the right of way. So how ever much of a PITA it is, he has no option than to let me through. My "benefit formula" says that this is still entirely their benefit .

Some comments have suggested installing cattle grids. This would be at great expense to me although it would give easy access. I am not complaining about opening FUNCTIONING gates if I have to.

Australia also has a "leave the gate as you find it" policy.

So far things are "amicable" and I do not wish to to push things as it is early days in the matter.

weedpharma

 

[teg]

...Australia also has a "leave the gate as you find it" policy...

...and that would be to leave it "broken"? (just kidding) Actually, do they have a policy about broken gates?

 

[MESSMAKER]

Wow ! You are really playing with fire here...If your only acess to your property is the easement through and across your neighbors land I would treat him like a king....even if you did get a lawyer and it went to court and you won..you would still have to contend with all he could do to you to make your ingress and egress to your property a miserable experience...I have seen situations like this and my only advice is to make peace quickly..know the battles you can win...like Kenny Rogers sang in the gambler..there is a time to hold, a time to fold and a time to walk away...this is your time to walk away to your neighbor and ask how you can help with the gate...Just my opinion.

I think this is very very true. Push too hard and you will regret it.

 

[brin]

I think this is very very true. Push too hard and you will regret it.

Messmaker...The thing is the OP states he already has to deal with 2 gates so if he makes his neighbor really mad...he may have to deal with 6 gates..The neighbor could put in as many gates as he wants to.

Just think what the Neighbor could do to make the OP's life miserable...
- He could put hogs on the property so every time the OP came to visit he would have to deal with hogs as he opened each gate.

- He could allow the road to fall into disrepair with ruts etc.

The list of things this neighbor could do if provoked is endless..Best not to make him mad...he is holding most of the cards.

 

[RobertN]

I would lean towards Jinmans "opinion".

However, I would attempt the following plan of action:
- go get a post
- go get a 12 pack of Fosters or Castlemaine XXXX
- Tell the neighbor to meet you at the gate at 10am Saturday
- Work with neighbor to set post and gate
- adjust/oil ect the second gate while you are out there with the neighbor
- Toss back a couple beers with the neighbor when the job is done
- Go home knowing it worked out well for both of you
- Toss back another beer

We are all entitled to our opinion and I disagree with yours. A fence would be best for the neighbour if he had another means of moving around his property. Unfortunately this would make it impossible for him to allow my legal access as per his and my titles. He purchased the property knowing that he could not block the right of way. So how ever much of a PITA it is, he has no option than to let me through. My "benefit formula" says that this is still entirely their benefit .

Some comments have suggested installing cattle grids. This would be at great expense to me although it would give easy access. I am not complaining about opening FUNCTIONING gates if I have to.

Australia also has a "leave the gate as you find it" policy.

So far things are "amicable" and I do not wish to to push things as it is early days in the matter.

weedpharma

 

[Tig]

With a little bit of effort you can eliminate the"neighbour trouble brewing". My home is accessed by deeded right of way with a horrific history of confrontation. To the point of an old lady standing in front of a dump truck to prevent maintenance. It was years ago but the memories are fresh. Since I bought my place I have put and effort into cultivating good will. Some of the people who share the lane suggested a lawyer and I made it clear that I would have none of that. I even cleared the old lady's drive way of snow with a shovel before I ever met her. Since then I talk to the owners every chance I get, really I listen more than I talk. The lane has gone from a war zone to a nice drive way. I never look at who gets max benefit. The bottom line is what is it worth to me? A fence post is a no brainer. In your shoes I would fix the post and focus on why it broke. That is the problem.
I'll be blunt. If you get a lawyer, then you are the one brewing trouble. IMO

 

[jlsmith]

Split the cost with the other man put the gate up together share a beer and maybe become life long friends. Push the subject to hard and you could have a big thorn in your side from now on. I know you said you were up in age and cant do it yourself but i bet yall could do it together, i believe you said you had a FEL that would make things alot easier. JMO

 

[picker77]

This discussion has been dragging on for over a week, and it's becoming pretty obvious that contrary to the considered advice of dozens of TBN members, the OP doesn't want to settle this little problem easily, but instead wants to start a fight to prove a point--what point, I'm not sure, since I don't see he has much of a legal leg to stand on to start with.

However, if he'd rather spend $5,000 on lawyers and six months in wasted time, aggravation, travel expense, and court appearances instead of spending an hour setting a $10 post with $2 worth of Quick-set and a gallon of water, more power to him--it's still a free country, I suppose, and it's his money. That will likely turn out to be the most expensive fence post in history.

Sometimes you just gotta shake your head...