Is there any such thing as abusing a easement across my property?

[widefat]

Not going to read all of this, but I have very rural property. One reason is that I like to shoot and wanted something were I would not get complaints...see where this is heading???

If you can legally shoot on your property...here are some ideas...I am or will be doing these to address some issues I have with trespassers.

Post your land...all of it.

In addition, have a few signs made up. "Warning! Active shooting range. DO NOT ENTER POSTED PROPERTY" Post one for sure at the gate to your property and the others at likely points of entry.

When BnB'ers show up, if they are well behaved, let them be. If they are not, break out the guns and have some fun. Make sure you have a good back stop and are safe.

When the BnB'ers get upset, they will post horrible reviews....problem solved. You will likely get a visit from the sheriff, but if you can legally shoot on your property and are safe, LEO's cannot do anything. Check with them first about shooting on your land.

BTW, I have two ranges on my property. One has the firing positions on my back porch...how neat it that! Nothing like "needing" to shoot early in the morning or later in the evening when the wind is down to test loads for my .300 Mag. Four 5 shot groups over a period of an hour...need to let the barrel cool down you know....will get attention. Then it is time for the semi-auto pistols and some rapid fire practice.

Dressing up can add to the effect.

ALWAYS be friendly unless you find them trespassing. They have a right to be on the property they have rented.

BTW, my neighbor overpaid for 20 acres north of me to get rid of a potential problem from an absentee land owner. But he wanted to also expand his hunt camp and he is rich. I am not.

Yeah, dont do this. Gun owners have enough problems keeping our rights without our brethern becoming obnoxious on purpose.

 

[RKP in SB]

I was doing property maintenance for a weekend place that started to rent out the place. What a variation of people from one week to the next. You will never have control over that. By the time the matter is discussed with the owners, those other people are long gone. Some people that spend good money think they can do whatever they want. Probably the worst, are those that share and go in on it with other people.

You're exactly right -- and boy, have I come to hate short-term rentals. I live in a beautiful, resort-type area (the Leelanau Peninsula of Michigan) and we've always had lots of summer tourists, but ever since "Good Morning America" bestowed the title of "The Most Beautiful Place in America" on us, we've been simply inundated. A lot of that has been made possible by the rise of Air BNB, VRBO, etc. It's my understanding that more than 1/2 of the homes in my little town of Suttons Bay are now short-term rentals rather than a place where a family might live. Read the real estate listings and you always see Realtors touting some place as being an ideal short-term rental. And when places on the water can rent for $8,000 a week in the summer who can blame an investor for seeing that there's more value in a house as a STR than as a residence? Long-term, the residents of places like this are going to have to decide whether or not this is the quality of life they want, and if not, start changing laws and ordinances to limit short-term rentals.

 

[Steppenwolfe]

And that is where the problem lies.
While technically the landowner owns the land the access easement is on, it is much easier if the landowner recognizes the easement as "common area" or the "neighbors driveway" and separates himself from it.

Example, close friend of mine has the same setup as the OP in which his rear neighbor has an access easement across my friends land. The easement is parallel to the boundary line and is 20 feet wide.

Since day 1, my friend treats that easement as "the neighbors driveway".
My friend does nothing to it. He left a swath of woods between the easement and the rest of his property and assumes that swath is his boundary.

My friend made his own driveway from the road at another location. He has his gate, with his name and address on it and the neighbor has a gate on the easement drive with his name and address on it.

They each maintain their own driveway and with the woods between, you cant even see when someone is using the easement.


My friend is cordial to the neighbors but they only talk a few times a year. With this setup and thought process, there has never been an issue in relation to the access easement.

WOW... those two guys need to be in Congress !!!

 

[Sigarms]

WOW... those two guys need to be in Congress !!!

Basically the guy that had the road on his property that he had to share just gave it up because he didn't have to deal with it. Generally speaking when it comes to sharing a road via an easement, people aren't so lucky.

 

[Industrial Toys]

Our municipality is VERY sticky about not having more than one home on a property, even for family or whatever. Temporary granny flats is another matter. Good thing, because it can open up these stupid troubles that only happen later down the road (pun intended).

 

[Paddy]

RebelDad1,

If your county does not have any restrictions regarding rental cabins and its a real easement, you are best off learning how to live with the new situation.

Gating an easement is not likely even enforceable. We live at the end of a 1.5 mile private road. All the folks at the front, want to think of the road as their driveway. "we have children, drive slow". "if you go 10 mph, it makes dust!". There were 2 gates used by weekend users. once there is daily traffic, gates stay open. Who expects people to have to get out of their car in the rain to open, drive forward, get out and close the gate. A gate implies you still control the road, control was signed over when the easement was made.

 

[Rebeldad1]

RebelDad1,

If your county does not have any restrictions regarding rental cabins and its a real easement, you are best off learning how to live with the new situation.

Gating an easement is not likely even enforceable. We live at the end of a 1.5 mile private road. All the folks at the front, want to think of the road as their driveway. "we have children, drive slow". "if you go 10 mph, it makes dust!". There were 2 gates used by weekend users. once there is daily traffic, gates stay open. Who expects people to have to get out of their car in the rain to open, drive forward, get out and close the gate. A gate implies you still control the road, control was signed over when the easement was made.

The gate was there and agreed on by both parties to provide security to both places. Its there to keep out in or off season hunters, tweekers squaters looky loos thieves and more. All common problems around here.

I am going to try to settle issues little by little starting with the gate first. It was left open again 3 times this last weekend.
He didnt just rent the place to someone else. Its now a lodge rented day to day and used by different people each time.
He and they need to realize the easement is to allow him and all of them to cross our property to get to his place.
After that a list of issues to be addressed.

 

[Paddy]

so you have to open the gate as well? If yes, that is a bit different. An electric gate with a code would be nice.
Not that it maters, Does the easement go down/edge of the property line, or do you have land on both sides? In any case they have an easement. In Indiana, property out in the country, property lines go to the middle of the county road. we don't feel we are allowing people to drive on/across our property.

In the end, I think the best you can hope for is the cabin owner asks renters to respect the gate. You can also place a sign at the gate asking nicely to close the gate. if you are lucky, you find out rentals are restricted and the owners sells.

 

[Diggin It]

The gate was there and agreed on by both parties to provide security to both places. Its there to keep out in or off season hunters, tweekers squaters looky loos thieves and more. All common problems around here.

I am going to try to settle issues little by little starting with the gate first. It was left open again 3 times this last weekend.

What about a gate operator with a keypad? Renters get a passcode to open it and it closes automatically some 'X' time after they enter or exit.

 

[4570Man]

What about a gate operator with a keypad? Renters get a passcode to open it and it closes automatically some 'X' time after they enter or exit.

Seems like a great idea which I’ve already suggested.

 

[Ford850]

Similar issues I see here are from the of miles of old railroad ROWs that cut through hundreds of properties, and are converted into paved public trails. There are many areas that have lanes or drives off these trails, to enter into private fields, camps, cabins, etc. Most of these look enticing and no doubt could draw countless unwanted guests from the public trails. I'll admit I've been tempted, since I'm on a public trail and "hey, I wonder where this lane goes?". Most of these access or shared points now have simple clear signage posted. Sometimes something as simple as "Private Property Beyond This Point. Keep Out" or "Private Property, Stay on Trail" acts as a wake up to any of us and we're more respectful. To many guests going to that cabin they might think your house is also a rental.
Also, thinking along these same lines could be added to the property rental agreement along with the other instructions they surely receive. It could be a friendly request to the new landowner.

 

[Industrial Toys]

What is a Tweeker? I thought it someone that takes some piece of equipment and makes it perform at its very best. Not a bad guy to have around.

 

[Ford850]

What is a Tweeker? I thought it someone that takes some piece of equipment and makes it perform at its very best. Not a bad guy to have around.

Meth head. Someone who takes some piece of equipment and sells it for drug money. Not a good guy to have around.

 

[tjkubota93]

What is a Tweeker? I thought it someone that takes some piece of equipment and makes it perform at its very best. Not a bad guy to have around.

Lol. Y'all don't sell many lithium batteries or much red devil lye at the local store I'm guessing?

 

[Alien]

The easement is on your property. How do you stand for insurance if someone is injured? Are you liable? If it is your proprety I would be worried. Not sure anyone can run a business through an easement. A neighbouring property has one and the gates are padlocked. Only powerline techs and maintenance crews have keys.

 

[EddieWalker]

The easement is on your property. How do you stand for insurance if someone is injured? Are you liable? If it is your proprety I would be worried. Not sure anyone can run a business through an easement. A neighbouring property has one and the gates are padlocked. Only powerline techs and maintenance crews have keys.

Interesting thought. From what I understand on how the law works here in Texas, if I allow somebody on my land, and they get hurt, I'm not liable if they are not being charged to be here. No money is exchanged for them to do whatever it is that they where doing here, like a friend fishing in my pond and they slip on the shoreline and break their leg. But if I charged them to fish in my pond, and they have the same injury, I am open to be sued for not making the shoreline safe for them to fish there.

 

[Jim Nelson]

When we bought our previous property it stated plainly in the paperwork that there was an easement for future road expansion along our Southern border. It also gave gross acreage and net acreage. I always figured that the net was ours and the gross wasn't even though we were taxed on the whole thing. The real kicker came when they finally decided to build the road it grew from 4 lanes to 6 lanes with median, sidewalks,bus stop and storm drainage all from our property. The extra property was taken through eminent domain which cost a substantial amount in lawyer fees.
Easements should always be a serious consideration when buying property as I learned the hard way.

 

[Username Taken]

Interesting thought. From what I understand on how the law works here in Texas, if I allow somebody on my land, and they get hurt, I'm not liable if they are not being charged to be here. No money is exchanged for them to do whatever it is that they where doing here, like a friend fishing in my pond and they slip on the shoreline and break their leg. But if I charged them to fish in my pond, and they have the same injury, I am open to be sued for not making the shoreline safe for them to fish there.

That is incorrect.

All anybody has to do is show that you were negligent in some way. In any way.

Even having a trampoline on your property can get your butt in a sling. Kids see it, start to play on it, bust their heads -- It's called an "Attractive Hazard".

Say good-bye to your retirement fund.

And charging someone to be on your property? We don't even want to go there.

word

 

[radios1]

That is incorrect.

All anybody has to do is show that you were negligent in some way. In any way.

Even having a trampoline on your property can get your butt in a sling. Kids see it, start to play on it, bust their heads -- It's called an "Attractive Hazard".

Say good-bye to your retirement fund.

And charging someone to be on your property? We don't even want to go there.

word

THAT depends on the State!. every State is allowed to make it's OWN laws, if they don't conflict with Federal law!.. some States have truly absurd stupid laws, you wonder what kind of lawmakers made them, like from what planet. in some States you could be sued if a thief breaks into your house, and gets hurt!!..

 

[ch1ch2]

That is incorrect.

All anybody has to do is show that you were negligent in some way. In any way.

Even having a trampoline on your property can get your butt in a sling. Kids see it, start to play on it, bust their heads -- It's called an "Attractive Hazard".

Say good-bye to your retirement fund.

And charging someone to be on your property? We don't even want to go there.

word

I agree and disagree.
I agree that if you are charging or not charging does not matter. If you are negligent you are libel. (as I understand it)
I always heard it called "an attractive nuisance."
I disagree with"say goodby to your retirement fund. I have always understood that in general retirement funds are protected funds. And some insurance funds are protected funds.
OJ Simpson is living pretty good on his insurance funds in spite of the huge judgment against him.