I know of a few horses that have broken legs because of them. I just would like the guy to not let my critters out and in lieu of it, my getting proof that it is him.
Locking an easement gate
- Thread starter KermitWC
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I know of a few horses that have broken legs because of them. I just would like the guy to not let my critters out and in lieu of it, my getting proof that it is him.
MikeD74T
Veteran Member
Didn't know about horses & cattle guards but there's even court cases on the subject. Hutchings v
As for catching him in the act a hidden or partially buried game camera might do the trick. Does he have a deeded or otherwise documented right to cross your property? In New hampshire I know of several deeded right of ways that require closing gates when installed, including my access to the back of my property. MikeD74T
As for catching him in the act a hidden or partially buried game camera might do the trick. Does he have a deeded or otherwise documented right to cross your property? In New hampshire I know of several deeded right of ways that require closing gates when installed, including my access to the back of my property. MikeD74T
dave1949
Super Star Member
What is the legal status of this easement? A deeded right of way or something else? I think of easements as pipelines, electric utilities, etc.
I suppose this varies around the country.
Dave.
I suppose this varies around the country.
Dave.
MarkV
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Easements and right of ways can be written so many ways that it is hard to say. Easements usually specify certain rights like the power company can access at any time for repairs or maintenance of their line. The property is still yours to pay taxes on and there are restrictions on what you can do with it. A Right of Way may not even be your land or a shared Right of Way may be both of yours. Find out what is written into your property deed.
Sounds like a lousy neighbor and there have been some terrible stories about them on the forum.
MarkV
Sounds like a lousy neighbor and there have been some terrible stories about them on the forum.
MarkV
jimmyj
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Good grief. Why are people such idiots sometimes? What on earth can he gain by leaving the gate open on purpose but some sort of bizarre passive aggressive expression that he is the boss over you. What an xxxxx! Grrr.
I know, I'm ranting - forgive me.
Can you simply get rid of this one gate and fence it off? He'd be hard pressed to say you are blocking him out if there are other access points? I'd just lock it permanent.
Good luck.
I know, I'm ranting - forgive me.
Can you simply get rid of this one gate and fence it off? He'd be hard pressed to say you are blocking him out if there are other access points? I'd just lock it permanent.
Good luck.
tallyho8
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Perhaps if he has other access, you may be able to buy out his easement. Maybe even for a low cost when he needs money badly. Then you can do whatever you want with your property without others passing through at their discretion.
schmism
Super Member
from what you describe i doubt your ever going to find a solution that includes your neighbor.
i assume the easement is something small 15-20' for road access. if thats the case id seriously consider moving the fence to your side of easement and just keep him off YOUR property period.
i assume the easement is something small 15-20' for road access. if thats the case id seriously consider moving the fence to your side of easement and just keep him off YOUR property period.
The way they wrote this easment is strange. In 2004, the "neighbor" bought 145 acres and the house from the prior owners. He then sold back 45 acres and the house back to them for a $1. In the deed it was said that seller retains an egress and egress easement together with an easment for an electric line on the north end of this described tract following an existing pasture road, to the purpose of access to pasture gates at the northwest corner of this described tract and the enterence of the west right of way.
schmism
Super Member
if the guy doesn't like him its a simple way aggravate kermit becuase he knows it costs him time and energy to fix what he did.
if he has a legal right to access the easement you can not block him off from it. I mean you could try, but from what kermit says of the guy, its unlikely to work and like i said, not like kermit has any sort of legal leg to stand on to keep him off it.
He drives right through my pasture from the bottom to the top, so moving the gate would not work :-(.
