Easement Gate Question and Help

   / Easement Gate Question and Help #11  
Is fire truck access an issue? If you put up a gate and lock the fire truck or ambulance out there might be a problem.

As Volinteer FF in my area, we carry red keys on all the trucks to all locks, doors, sheds, cars etc. If we need to get in, getting in wont be a problem.
 
   / Easement Gate Question and Help #12  
In my area you are specifically allowed to do just this, even if the dirt road is a public road and you are the only one using it.

You just need a permit from the local council, doesn't cost much, and the gate has to meet their specifications for size and visibility. I think they also erect a reflective sign that says "GATE" or similar.

As for locking it, you get a lock from the council that works with all of their keys. They have different "series" of locks that work for different people. IE their is a lock that will let in the power company maintenence crews if its a power easment, water crews if there is a pipeline or other water asset etc.

Emergency services can open any of the locks.
 
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   / Easement Gate Question and Help #13  
Dennis, I would like share my point of view on your gate idea. I too live at the end half mile of a deeded easement. The gate that was there could not be seen from my house. My easement is just shared by 4 families so I cant imaging the trouble it would be with 9 plus property owners. I personal do not like gates and If you feel the need to protect your property by all means do so by fencing your property off from the easement. Don't inconvenience others by trying to be cheap and save money on the fence cost. Fence Your Property Not Others. If you feel it necessary to build a 20 foot tall fence to protect your property than do it. I also understand that the other property owners do not live on the road as their primary residents. But do they have a legal right to use the road? I would like to throw out some of the issues that we ran into when it was tried on our easement.

First and foremost I think about safety, I don稚 even want the police or fire department to even slow down when they are making a call to my house. If you want to delay them to yours that is your business but don稚 do it to mine house.

It never fails it would be pouring rain and one of my friend or family would have to get out and open the gate and close it. Both my parents are now handicapped and have been for the past 4 years since now that they have gotten older. My mother suffered a back injury. That means when they would stop by to see me my mother would be out there opening and closing a gate with her walker. (Picture that in your head. Not happening here). I almost went to jail over this and would do it again in heartbeat. I had a neighbor that was obsessed with the gate and was a control freak. If my mother would leave the gate opened when she came through the neighbor would run up to the gate and lock it back. She even had the nerve to ask me for a list of people that would be coming to see me. She felt that she had the right to know who would be crossing her property on the easement.

If it is a 30 foot easement that means they have they right (assuming they all have deeded easements) to use the entire 30 foot width not just what you deem necessary (ie: a 12 or 16 foot wide gate). What if they have a wide load coming it their property? I play with heavy equipment all the time on my place so that was a issue. I took my dozer and made match sticks out of the gate several times. In fact I did it 2 times in one weekend. I had rented a big dozer for the weekend and when they came to deliver it would not fit through the gate. The dumb neighbor went and built the gate back over the weekend while I was using the dozer knowing that the dozer was rented and had to go back on Monday. Than also had the nerve to set there and wait for me to come out with it on Monday so they could call the sheriff on me for destruction of personal property.

Delivery drivers delivering packages and freight was always a issue. Somebody would have to go let them in. I final hung a sign on the gate with the combination of the lock so they could just let them self in if they were willing. Some of them will just drive on by and mark the package undeliverable and take it back to their warehouse. The UPS warehouse is a 45 mile drive one way from my place.

The utility companies also need access to maintain their power lines and water lines. They also come 1 a year to trim the trees down their right away. We also have a natural gas pipeline crossing out property they also had maintenance issues.


Please keep in mind if you all agree to put the gate up that this is just You and Your neighbor situation today and could change tomorrow as peoples lives change.

These are just some of the issues we had. So please don't take offence to anything I have said as they are just my opinion on gates and easements. That and $5 will buy you a cup of coffee at Starbucks. As the old saying goes "Opinions are like buttocks everybody has one" but in the long run it may be the judges opion that matters. I will also tell you that several thousand dollars later we do not have a gate today. The money spent on legal fees could have paid to fence all of our properties several times over.So think long and hard before making a move.


Regards,

Tim
 
   / Easement Gate Question and Help #14  
If your looking at an easement, you need to find out exactly what type of easement it is.
You also need to look at your neighbors titles and figure out what they have on their documents relating to the easement. Then you need to check by-laws or associations if you have any. Then you need to check local and state government regulations.

It may be best for you to hire a lawyer to gather this information for you. They may have already handled some cases like this, or not.

Good luck with it.
 
   / Easement Gate Question and Help #15  
I think riptides said it best. however capi75 also makes sense too. Even if a emergency personal need to get it and cut in the middle of the chain, chains are cheap and can be replaced. You still have your lock. Personally , I would put up a simple swinging gate with chain and padlock it. In the meantime call the water dept and see what type of a lock you and they can share so they can get in anytime to check the water tower. As for other type of personal, chains can be cut anytime and easily replaced. As for others, If they cut the chain and drive around, then you know they doing more then just driving around. Just be safe about this whole thing , that all we are asking here.
 
   / Easement Gate Question and Help #16  
Our place is at the end of the road that goes from a major highway. The road starts paved then goes to gravel. Eventually you get to a gate. Which would be ours. :D

We own all of the land behind the gate so we don't have to worry about what others say about the gate. If you have a road maintenance agreement or HOA then you might need to abide by those documents. Or change them.

In our case, thankfully, this is not an issue.

Years ago we put up the gate. Its two simple aka CHEAP pipe gates. The fence next to the gate is posted and we keep the gate locked with transport chain. The address to our house is on the fence per county requirements.

We have not had people take down the gate or chain/lock. We HAVE had people go past the gate if it is open. Had some poor lost lady do so on Friday. My wife was about 5 minutes behind me and I called her to lock the gate when she got in. As I drove up to the house there was a car turning around. I was about to go into a Mr. Not So Nice Guy Mode when I noticed it was a women and a small child. One car in the driveway will block the driveway for most of the way. I was about to stop and block the car when I realized she was lost and scared witless. :eek::rolleyes: So drove on past where she was frantically turning around. I got on the phone to the wifey to tell her there was a lost stranger heading her way. I did not want the wifey to freak out. :D

The lady and my wife had a long talk. The lady was very apoligetic about going past the gate. :) I did not think I looked so scary and fearsome but she said to my wife that she thought I was gong to shoot her! :eek: They had a nice talk believe it or not. :D:D:D

That women was scared for sure. She was at the end of the road. Lost. In the woods. Alone with her daughter. I think she heard banjos playing. :D:D:D Even some of the people who live to our front don't know are house is back in the woods. :D I keep the gate looking plane, cheap, and not pretty for a reason. :D

Any who, the only people who have come past the gate have done so when the gate was open.

The firefighters can easily open the gate with the Red Key if they need too. Many rural LEO's have Red Keys as well. If we call for service we can easily tell them the combination as well.

When I built the gate I put in wood screws above the hinges so the gate cannot be easily lifted of the posts. Some one will have to cut the lock or chain. That is usually enough to stop most people. Even the simple cable we strung across the road kept out people. I know because the neighbors saw people stop and contemplate what to do about the cable. One night some fool tried to drive over the chain and broke quite a bit of stuff on his car. :eek::D

There is no such thing as perfect security but a cheap gate can work wonders.

Later,
Dan
 
   / Easement Gate Question and Help #17  
I'm not sure that we think like the crooks think.

To me, a sign with "private road" means stay out. To them, it may be a signal to come on it and check it out because there's not much chance of anybody seeing what they're doing and catching them at it.
 
   / Easement Gate Question and Help #18  
Add a sign that says SPIKES IN ROAD. code # required for access.


Dennis, can you clarify if the easement is part of the neighbors property, or is the easement totally on your property, or is the easement owned by the city?

My neighbor and I have a 15 ft easement , 7.5 ft is on my property, and 7.5 ft is on my neighbors side. There is a 5 ft wide by 250 ft long strip of bamboo that has been there for at least 30 years. down the middle, more to my side. Land ownership and the legal aspects of it all could cost big bucks just to resolve even simple issues. I think it's best not to raise to big a stink.
 
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   / Easement Gate Question and Help #19  
Hey, I like the one that used to be on the side of Hwy 75, south of Tulsa, Ok that was about billboard size that read "TRESPASSERS WILL BE SHOT, SURVIVORS WILL BE PROSECUTED". That one has always been my favorite.
 
   / Easement Gate Question and Help #20  
Hey, I like the one that used to be on the side of Hwy 75, south of Tulsa, Ok that was about billboard size that read "TRESPASSERS WILL BE SHOT, SURVIVORS WILL BE PROSECUTED". That one has always been my favorite.
Such a sign only serves as evidence for the prosecutor that you intended to kill or shoot someone if the situation ever comes up. I can't imagine that such a sign would actually scare a really bad guy away. What many people don't understand (Bird, others with LEO experience, jump in here) is that many, if not most, truly "bad" people have serious personality disorders....they simply don't care about others, and often harbor anger and rage against virtually all other people. They are not deterred by fear, signs, or such, only made more cautious, and some will actually see it as a challenge to their already twisted ego. The only people seriously deterred by obvious indications of precautions are "professional" thieves, and they aren't going to fool around with the average home anyway.
 

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