Locking an easement gate

[Western]

I'm thinking allot of speed bumps and pot holes,(big ones)

 

[EddieWalker]

Unfortunately, it sounds like you need legal advice. There are some situations where you can go after him for expenses caused by his actions, but it's also a battle that you can easily lose after spending allot of money.

Eddie

 

[DennisArrow]

There are a couple of things you can do. SEE an attorney. Preferably a real estate type that knows about the law there. Have him write a letter to this guy informing him and YOU about what the easment actually does, the rights of those concerned and the responsibilities involved with the gate. You NOW have a legal opinion and have informed this guy that you are ready to go that route. The letter and legal opinion will typically be around $100.

NOW, armed with the certified letter/opinon from the attorney let the guy leave the gate open. Catch him with a game camera, or better yet is the gate within 500 to 800 feet of your house? Put a motion detector alarm in the vicinity of the gate that will alert you when there is gate movement. Does he close it? Verify what he does with the camera or your eyes. Perhaps, an animal getting out after he leaves it open could even be arranged with damages and liability going to HIM.........Either way, that attorney letter does work at getting him to think about his behaviour because it IS going to cost him.

Some ol boys, because they have the "right" to do something will do that just get the reaction and to burn you. Nothing you can do about that emotionality; but you can protect yourself through the court.........God bless.......Dennis

 

[blueriver]

Where is this easement, along your property line, thru the middle? If its along the property line move your fence in and problem solved ... he's fenced out of your property and give him the road. If it runs across your property fence both sides of the easement and give yourself two pastures to rotate on.

I am sure its more complicated ... just thinking.

 

[Kfbeal]

If you do chain it, put two locks on the gate. Give a key from one lock to him and the other key for the other lock you keep. This way you can determine which lock was open when the gate was open.

People like that have no business accessing other people's property.

 

[Willl]

Now granted the easement through my place is only 120', but fencing off the entire length was my best move.

The neighbor can leave the gate open all day long and my critters are staying put.

 

[brin]

I live on 45 acres and my neighbor is able to use an access road from my place to get to his property. In the past several weeks, the gate to the pasture has been left open and my livestock has gotten out. Can I put a chain and lock on the gate as long as I give him a key?

Now is the time for you to begin to " Paper you file " by that I mean ..you need to send him a certified letter " It can have a gracious tone to it but you would mention the gate being open and the liability that could occur should cattle or horses get out and cause an accident and ask him for suggestions on how this problem could be solved. In my opinion you want to begin to build a case right now and go on record, as uncomfortable as this may seem, it is necessary since you have no idea what damage may end up being done if this is on purpose. You should be able to judge from his response to your certified letter whether it is a purposeful action or not..but I would get a paper trail going for sure.

That legal description of the easement is not specific and i would see an attorney if it were me..you just may be able to make the easement where you want it to be since to me it really seems someone was very careless when they wrote the legal description of the easement..it must be exact and surveyed to be enforceable it can't be that loosely written - I am not an attorney but I have been Real Estate Broker in Georgia for 30 yrs. and that is my layman's view.

 

[two_bit_score]

This guy is not much into compromise. He has several other areas without gates that he can use. He just decides to use this one.

Then why can't you just lock this one and tell him to use the others?

 

[schmism]

Then why can't you just lock this one and tell him to use the others?

as i said above. you cant legally keep a person off an easement they have a right to.

and judgeing from what Kermit says about the guy, he wont just use some other route (my guess is) he will continue to press the issue and use that route just because he can.

 

[radioman]

hmm- causing aggravation and paying big bucks for laywer- not my idea of fun.


If the easement is for accessing his lot though your lot, Why not build a new fence along the said easement road to keep your animals in or from the gate and reroute the said easement road to a different way that benefits you and still keep livestock in secure location.

However your oringinal idea is good- locking the gate and providing him a key would give you assurances that either the gate stays closed becuase he KNOWS you and him only has a key or he leaves it open on purpose since he has the key anyways. If the key falls in another hand, because he passed it on to others without your knowledge becomes a sticky issue. In anycase, I would have a game camera ready on day one of locking the gate. This way , the cost for getting legal advice would be a good one with evidence, not educated guesses since educated guesses can backfire which I am sure you don't want.