Locking an easement gate

[ultrarunner]

I have a parcel with a 20' "Trail" Easement running though the middle. Has not been used in over 30 years and is Solid Poison Oak... the kind that is 6' or higher with coke can dia trunks.

I've managed to clear all the Poison Oak off the rest of the place and not sure how to proceed... so, I've been watching this thread. The Poison Oak keeps people out.

Several that have the right to use the easement have mentioned the trail is not usable and have asked why I have not cleared the Poison Oak... I told them I'm severely allergic and that's the truth and suggested they could come in and haul it away...

Easements are a funny thing and usually a problem for the Land Owner... I have been able to lower my Property Taxes because of it... so that is one small benefit.

Good Luck and keep the suggestions coming.

 

[dodge man]

I have to agree with Tallyho on this one. I am a land surveyor and I have seen owners fight over boundary lines and easements and spend thousands of dollars on it. If you can work something out with the guy, everyone will be money ahead. On the other hand, if they guy won't be fair and reasonable, do what you have to do and get a lawyer, and of course a good land surveyor.

 

[KermitWC]

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

I did talk to the Lawyer and he told me that while I have a case against the prior owners, I have none against this idiot.

 

[KermitWC]

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.

Right through the middle.

 

[KermitWC]

It would be hard for me to refrain from telling him a lot more than that. There's no middle ground here, I wouldn't even try to find any.

Your easement wording mentions a 'pasture road', that implies fences and gates in my mind. Put a lock on the gate, give him a key, send a certified, return receipt requested letter clearly explaining your requirements about closing the gate.

Everytime he leaves the gate open after that, file in small claims court for damages. If he ignores that, so much the better, he will be building a case against himself for more serious proceedings.

Dave.

I have been very tempted to but this guy is nuts. One day, I, my two friends, two children and I were fixing the end fence. We were standing on perhaps 10 feet of his side, tightening the fence. He comes driving up and screaming. He lets out a bunch of swear words. I go to call the police and while I was gone, he "showed" my kids and friends his gun and told them that he would shoot anyone that came on his property. When the police came, he was yelling at them that they did not know the law.

The officer said to just avoid him.

 

[jimmyj]

KermitWC, man, you are in a spot.

I am with the earlier suggestion then to just let the thoroughfare deteriorate. Big muddy holes, trees going up, ruts.

Sounds like a self closing gate is the only way to go.

 

[brin]

I have been very tempted to but this guy is nuts. One day, I, my two friends, two children and I were fixing the end fence. We were standing on perhaps 10 feet of his side, tightening the fence. He comes driving up and screaming. He lets out a bunch of swear words. I go to call the police and while I was gone, he "showed" my kids and friends his gun and told them that he would shoot anyone that came on his property. When the police came, he was yelling at them that they did not know the law.

The officer said to just avoid him.

After reading further info you have posted about your neighbor...it now seems possible to me he either wants to wear you down and buy your land or he wants you to buy him out..just a thought.

 

[dave1949]

I have been very tempted to but this guy is nuts. One day, I, my two friends, two children and I were fixing the end fence. We were standing on perhaps 10 feet of his side, tightening the fence. He comes driving up and screaming. He lets out a bunch of swear words. I go to call the police and while I was gone, he "showed" my kids and friends his gun and told them that he would shoot anyone that came on his property. When the police came, he was yelling at them that they did not know the law.

The officer said to just avoid him.

Easy for him to say. I don't know where you live or the trespass laws. I think around here the police would have given the guy a bit of a lecture at least in that situation, and Maine is far from a strict gun law state. Normally if you start yelling at officers, they do have the right to take you in if they want to make a point.

Your neighbor is obviously some sort of mental case. Maybe make an appointment with your local police chief/leutenant and lay out your issues and ask for advice. If nothing else, they will realize there are likely to be long standing issues with your neighbor. They probably know him well already.

Dave.

 

[DennisArrow]

Kermit, what is the distance that we are talking about? From the entry into your property to where the easement exits onto his?....

 

[dmccarty]

Does the wording on the easement allow you to MOVE the easement?

Search TBN for the easement case started by MBARB. I think I have his screen name correct. Have to seen him on TBN in years. MBARB has one of the most read and longest running thread on TBN.

Long story short is he had an easement issue with a neighbor. It took years to settle and MBARB lost a few hundred thousand dollars.

In some states citizens can swear out a warrant for misdemeanor crimes. If you family felt threatened by the man's actions before the officer arrived they might be able to swear out a warrant for his arrest. Depends on your state laws. Just "yelling" in front of the officer is not going be enough cause for arrest.

I have had my share of nutty neighbors as have others on TBN. They are a real pain.

Later,
Dan