Neighbour trouble brewing.....?

[weedpharma]

Access to my place is via a right of way over another lot. The road is 1km long and includes two gates along the length. A couple of visits ago I found one of the gates laying down as the post had broken off at the base. The gate and post were too heavy to lift and as it was dark, I drove over it (no damage done).

The next day I used the FEL to lift it up and left the gate open as it have fallen over if closed.

Two weeks later the gate was closed with a loose post leaning against it. The owners obviously were aware the gate was broken. I had to lift the gate to open and close it as well as balancing it to stop it falling over. Three weeks later it was still broken. As I am nearly 60, I am not willing to risk my back unnecessarily.

I visited my neighbours and said I was there to find out about the broken gate. The wife replied with "What gate?" The husband agreed the gate was broken. The wife has always been difficult in respect to the gates. I asked years ago that the gates be left open when not required to be closed. Her response was very negative. I don't think she likes the idea that I have the right to travel over their land.

I asked them to repair the gate before I visit again just before xmas. This was not received enthusiasticaly.

My title states that I have a right of way over the land but it does not state that it is unobstructed access.

I hope it does not escalate into something nasty.

Weedpharma

 

[tallyho8]

Who has to maintain the road? If they have to maintain the road that you use then I could understand them being a little upset about you getting to use the road for free and them having to do all the maintenance on it.

To be a good neighbor and maintain healthy neighborly relations, I would suggest that you offer to pay half (or do half the work) to repair the gate.

 

[logan97]

Access to my place is via a right of way over another lot. The road is 1km long and includes two gates along the length. A couple of visits ago I found one of the gates laying down as the post had broken off at the base. The gate and post were too heavy to lift and as it was dark, I drove over it (no damage done).

The next day I used the FEL to lift it up and left the gate open as it have fallen over if closed.

Two weeks later the gate was closed with a loose post leaning against it. The owners obviously were aware the gate was broken. I had to lift the gate to open and close it as well as balancing it to stop it falling over. Three weeks later it was still broken. As I am nearly 60, I am not willing to risk my back unnecessarily.

I visited my neighbours and said I was there to find out about the broken gate. The wife replied with "What gate?" The husband agreed the gate was broken. The wife has always been difficult in respect to the gates. I asked years ago that the gates be left open when not required to be closed. Her response was very negative. I don't think she likes the idea that I have the right to travel over their land.

I asked them to repair the gate before I visit again just before xmas. This was not received enthusiasticaly.

My title states that I have a right of way over the land but it does not state that it is unobstructed access.

I hope it does not escalate into something nasty.

Weedpharma

what state are you in? I would agree with the maintenance ?

 

[jonyyuma]

We have an access road thru our hunting property. They help with our road washing out, as needed. We just ask they do not vary off the road or shoot on our property.Jy.

 

[jinman]

If the gate is there just so you can have access to your property, then I would say you have to take more of the responsibility for it. I think I would approach this quite differently. It seems obvious that you have the primary benefit from this gate. I would negotiate with them to take complete responsibility for it, but not demand that they maintain it for me. If you are not physically able, then I'd hire someone or maybe offer to pay the owner and his wife for the repair. I think this is a good chance to make amends with your neighbor instead of escalating the bad feelings.:thumbsup:

 

[Car Doc]

Imho You need a good lawyer one that specifically does a lot of property law to answer this since the land owners are being uncooperative about the easement keeping in mind how you would feel about the situation in reverse how you would handle it.

This is a situation I have been in and can assure you that it isn't any fun and its liable to get expensive and messy if they do not want to be nice and get along with you or viseversa. I hope you can just find a way to get along with them like just fix the gate if you have too and go on with life.

In my situation I found out the dominant owner (you in this case) can be the one responsible for maintaining the easement even though its owned by them they being the subservient owners just backwards from what logic tells us, an easement is a right in some instances and very hard to negotiate around legally by either party get legal advice I am serious. good luck btw

Oh and nobody likes someone having access over their property just think about it. I was the land owner in my situation and the person took advantage of every possible angle as far as the law let him which was further than I imagined possible by any stretch of imagination I saw it all.

 

[Mousefield]

We have a right of way to our property. After spending many $$ on Lawyers we decided to accept a right of way rather than spend many many more $$$$$ going to court regarding: is it a public road. The 200 acres the right of way goes through is owned by a large forest company with deep pockets. If we had lost the case not only would we pay for our lawyer but also the Forest Companiers legal costs, could have amounted to well over $100,000. Our agreement is: we cannot subdivide the property or the right of way become invalid. The property is in the agricultural land reserve we can't subdivide anyway. We have 24/7 access to our property and we have to maintain it. You putting up the gate with a new fence post and getting on with your life is about the cheapest thing you can do. I would just pay someone to replace the post. Getting the lawyers involved and the ill will of the neighbors is just not worth it.

 

[greasemonkeyok]

Is the gate on a property line, or is it a pasture gate to keep livestock in or out of a pasture?

 

[blueriver]

I would suggest ... forget the Lawyers, the potential of a bad relationship and talk about repairing it together. May find out you and you neighbor have more in common than the gate and the road!!

 

[brin]

Wow ! You are really playing with fire here...If your only acess to your property is the easement through and across your neighbors land I would treat him like a king....even if you did get a lawyer and it went to court and you won..you would still have to contend with all he could do to you to make your ingress and egress to your property a miserable experience...I have seen situations like this and my only advice is to make peace quickly..know the battles you can win...like Kenny Rogers sang in the gambler..there is a time to hold, a time to fold and a time to walk away...this is your time to walk away to your neighbor and ask how you can help with the gate...Just my opinion.