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

 

[dodge man]

I've seen my fair share of boundary problems. I don't know why some people get so emtional over this stuff. Like why did he freak out when you were working on your fence from his side of the line? Thats just the way some people are. I agree with the others, get a gate that closes on its own. I agree, this guy is just cutting through your ground to agravate you or to show his claim over this easement. It might well be worth it to buy him out if it's possible. It might be worth a couple of grand to you. A bit of advice, if you do want to buy out the easement, have the paper work ready and your check book handy. If he agrees don't give him time to think about it or back out of the deal. Get him to sign right then and give him a check.

 

[MarkV]

A paper company, growing pines, had an easement through some family property that we planned to sub divide into 5 acre tracts. To rid ourselves of the easement we gave the paper company a 25' wide strip of land along one side of the property to access theirs. In exchange the easement was dissolved and the change file with the county. That cleared any future deeds of the easement and any restrictions it carried. Might be worth losing an acre or so to not have the restrictions the easement places in the middle of your land and you don't have to deal with this guy forever.

My other thought was that an easement for ingress and egress does not offer any other rights. The power companies and pipeline companies have them through all kinds of farm land. Because the power company can come on my land and have their own lock on my gate does not mean they can let my livestock out. Like was said before, lock the gate and provide him a key with a certified letter. If you want to be friendly tell him there has been some trespassers because the gate has been left open and you will require the gate to be locked at all times from now on. It is your land, he only has the right to use the road to get to his. He can not say that you can't lock the gate. If he doesn't close it after himself and your animals get out you have something to make a case out of.

MarkV

 

[firemanpat2910]

from all the threads I have read on here and all the stories I have heard at the feed stores, and hardware stores. I have some free advice. Get a survey, get a laywer, get situation resolved soon. The longer these things go on the worse they get. and if you think this guy is bad wait until his kids are fighting over the property when he dies, and then you will have a worse mess. Its easy for me to spend your money, LOL. but there is never an easy outcome from here. Bite the bullet and get past it.

 

[Ronbo]

I like the idea of giving him some land. Just give him a 5-10 ft strip and specify that he has to put up the fence at his cost. Don't let him remove the old fence until the new one is up.

Ron

 

[LBrown59]

I have a parcel with a 20' "Trail" Easement running though the middle. Has not been used in over 30 years .

So how does this creep appear over 30 years latter to give you static over it?

I don't get this part ?

 

[dave1949]

from all the threads I have read on here and all the stories I have heard at the feed stores, and hardware stores. I have some free advice. Get a survey, get a laywer, get situation resolved soon. The longer these things go on the worse they get. and if you think this guy is bad wait until his kids are fighting over the property when he dies, and then you will have a worse mess. Its easy for me to spend your money, LOL. but there is never an easy outcome from here. Bite the bullet and get past it.

That sounds right to me. We are all good at spending other people's money here

Assuming KermitWC tried neighborly approach first, then this isn't getting better. People like this are strange characters, sometimes if you invite them for supper and share a beer or whatever, you have a friend. But , then you think, well that's pretty shallow since I don't really want to spend time with this person. And why should you need to bribe a neighbor to shut a gate anyways?

About how old is this neighbor? Does he live alone?

Dave.

 

[KermitWC]

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.

I live in Missouri where they seem to have their own set of laws. I am waiting for him to threaten me again so that I can get a PPO on him which would keep him off the property.

 

[KermitWC]

That sounds right to me. We are all good at spending other people's money here

Assuming KermitWC tried neighborly approach first, then this isn't getting better. People like this are strange characters, sometimes if you invite them for supper and share a beer or whatever, you have a friend. But , then you think, well that's pretty shallow since I don't really want to spend time with this person. And why should you need to bribe a neighbor to shut a gate anyways?

About how old is this neighbor? Does he live alone?

Dave.

Rumor is that he lives with his children. That he was divorced twice and dislikes women. He has to be about 40-45. I gather he was a"nice" guy until he made money raising chickens. I would hazard a guess that he is bi polar because he can be talking nice to you and 5 minutes later, his attitude changes. I apologize if I insult anyone but this guy is a red neck.

 

[KermitWC]

I like the idea of giving him some land. Just give him a 5-10 ft strip and specify that he has to put up the fence at his cost. Don't let him remove the old fence until the new one is up.

Ron

The way the easement is, that is not possible. There is the 20 acres pasture and basically, the gate is on the road and the easment goes from the bottom of the pasture through the middle of it to the top.

 

[dave1949]

Rumor is that he lives with his children. That he was divorced twice and dislikes women. He has to be about 40-45. I gather he was a"nice" guy until he made money raising chickens. I would hazard a guess that he is bi polar because he can be talking nice to you and 5 minutes later, his attitude changes. I apologize if I insult anyone but this guy is a red neck.

That doesn't sound good, I was picturing maybe an older person living alone who's gone a bit looney. Sometimes older folks are really just looking for attention - I think.

Dave.