Neighbour trouble brewing.....?

   / Neighbour trouble brewing.....? #11  
Good advice brin!

People are sometimes impossible to get along with no matter what you do to make friends. I found the hard way an easement is just a festering sore waiting to explode, they take finesse in they way they are handled or they get infected beyond healing even then it can be a lost cause to start with a no-win situation.
 
   / Neighbour trouble brewing.....? #12  
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.

While I agree with your suggestion of shared costs there's no reason for the land owner to be in any way upset over the OPs travel. They either granted the right of way themselves or bought the land subject to the right of way.
I have a right of way to the back part of my property the deed to which came with the purchase. The landowner challenged my use only once on the grounds that the deeded area wasn't the route he'd originally intended to sell. I responded that his surveyor laid it out, his lawyer created the deed, if he wanted it back the price was $50K. He never challenged me again. I'd never voluntarily give anyone a permanent right of way . MikeD74T
 
   / Neighbour trouble brewing.....? #13  
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.

Seriously?

For $350 a lawyer would write a letter demanding the gate be repaired. Around here easement road maintenance is the responsibility of all that use them, so that wouldn't happen without a bill in the mail.

For a couple of hundred bucks you could get it fixed (or do it yourself for the price of a post) and be done with it with no neighbor trouble brewing. Americans are way to quick to run to lawyers to solve problems that could be solved in a much more amicable manner for all involved.
 
   / Neighbour trouble brewing.....?
  • Thread Starter
#14  
I have no intention of escalating unless ALL else fails.

The situation is that I have no benefit of the gate as it is in a fence across the road and not at the beginning or end. It is a hinderance to my travel. The road has not needed maintenance in the 18 years I have owned the property and is in good order. The gravel road is not fenced off and is used by the owner. My use is minimal. I also mow it when required.

The only use of the gate is to separate their paddocks. They bought the property a few years ago with the right of way on the title.

There is also another property that has the same right of way for access to their block. They also do not live on the property.

I have also allowed their cattle to graze on some of my land at no cost or reward. I consider myself to be a fair and reasonable neighbour that causes them no trouble (except that I travel on my right of way).

weedpharma
 
   / Neighbour trouble brewing.....? #15  
I would find out your legal rights to the easement. If that means having a good property lawyer explain it to you, then thats what you need to do. You NEED to know your rights in this situation.

However, I would keep from getting the laywer involved after that as much as possible. If the laywer tells you it is their responsibilty offer to HELP them fix THEIR gate. Never take responsibility for the repair or furure repairs if it's not yours.

If it's decided that its is your responsibilty, go about your business as you see fit to accomadate everyone as best as possible.


All in all be as neighborly as possible for as long as possible.
 
   / Neighbour trouble brewing.....? #16  
Some people just choose to be a P.I.T.A.

Sounds like you have a loader. Maybe the broken gate could "disapear" (maybe burried somewhere).

Problem solved.

Don't get me wrong, I was always raised to "be the bigger person" and to "do the right thing" but I'm going to tell you that as time has gone on I'm AMAZED at how some people act. As long as you keep takin it they'll keep givin it.

Good luck to you, never any fun with bad neighbors.
 
   / Neighbour trouble brewing.....?
  • Thread Starter
#17  
As the gate is entirely theirs, I have no right to do anything with it except open/close it. If I had my way it would be abducted by aliens ;)

I am quite happy to assist with the repair if asked. They do not have a FEL. The main problem is that I only go every couple of weekends as my shift allows.

What got up my nose is the attitude of "stuff you" with the gate:mad:

I can only wait until my next visit to see if it is fixed. My expectation is that it will simply be propped up and I will still have to carry the heavy gate. I hope I am proven wrong.

Weedpharma
 
   / Neighbour trouble brewing.....? #18  
Weedpharma, there is a lot to be gained from cooperation and shared responsibility. A couple of years ago, we had a neighborhood meeting about problems in a "public access" park area on our lake. This access area was created for the private use of landowners in the developments around the lake and is not open to the general public. However, there was no sign nor gate for access and some local young folks were abusing the use of the park area and creating dangerous campfires and trespassing on people's property. As a group, we thought a sign and a gate might help to control access without having to become confrontational. Several of the neighbors were against the gate because they thought it would restrict their access. However, we determined that there should be no lock on the gate, but rather just a sign to inform people of the park's proper use. Many were skeptical including one of the older residents of the area who seemed to disagree with the idea no matter what. I said I would provide a gate and install it. Another neighbor said they would buy the sign, and a third neigbor volunteered to fix the mudhole and do any dirt work required with his loader/backhoe.

I had an old rusty gate I had taken down on my property. My wife and I sanded that gate down and applied an anti-rust coating and painted it. I bought reflective tape and applied it to the gate so it would easily be seen at night when cars approached. With the help of another TBNer who came to visit in the spring, we installed the gate. I used my tractor and auger to dig postholes and move rocks while the neighbor with the TLB helped dig one very tough post hole for the gate swing post.

In the end, we had a very nice gate installed and I also installed the sign on two posts and a plywood backing. To ensure nobody drove over the sign, I took my tractor and moved rocks to make a pile in front of the sign. (see attachment)

After the gate was installed, the neighbor with the TLB filled in the mudhole nicely and made it drain off so it would not happen again. The neighbor who was so against the gate suddenly reversed his opposition and came down and built a very nice fence to the left of the sign for about 25' to ensure folks would not just drive around the gate. In the end, four of us provided materials and labor to this project and it has worked extremely well to do just what we wanted without restricting anyone in our area from using the park and lake. Because the job was done properly, everyone seems to take pride in the entrance and it hasn't been damaged in any way.

I'm only telling this story to illustrate that sometimes it isn't what you are entitled to do that makes the difference, but a spirit of cooperation and volunteerism that can become a motivation to an entire group of people for the common good. This lake entrance is over 2 miles by road from my house and on the opposite side of the lake from my property. Even so, I'm very proud to have been a part of this project and help create something of value to my neighbors. Sometimes you just have to take the first step and soon others may follow. Even if they don't, it's still a good feeling to know that you've tried to make a difference by being selfless and giving. 'Tis the season...:)
 

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   / Neighbour trouble brewing.....? #19  
Seriously?

For $350 a lawyer would write a letter demanding the gate be repaired. Around here easement road maintenance is the responsibility of all that use them, so that wouldn't happen without a bill in the mail.

For a couple of hundred bucks you could get it fixed (or do it yourself for the price of a post) and be done with it with no neighbor trouble brewing. Americans are way to quick to run to lawyers to solve problems that could be solved in a much more amicable manner for all involved.

Where did I say he needed to have a letter written or sic a lawyer on him?

I didn't you did and yes I am serious if you actually read my post instead of having your knee jerk reaction over the mention of a lawyer!

I am in the opposite situation and legal advice doesn't fall out trees around here so what if he has to pay for it.

Actually the gate could be the least of his problems if he cant figure out where he is on the food chain in this situation and find a way to smooth it out.

For instance when either party sells or subs out the property's in question for one an easement makes property hard to sell and if there are disputes over it-nearly impossible so getting it straight legally and personally is the smart thing to do.
 
   / Neighbour trouble brewing.....? #20  
If there is some way to work it out with your neighbours I would. It sounds like you have been reasonable and any offer of assistance about fixing the gate may go a long ways even though the wife seems to be giving you grief for some reason. I have a property that has a right a way for my neighbour. I accepted it with reservation when I bought the property however after meeting them, I decided it would be fine. Well after a drunken rampage by him in his plow truck, over $10,000 damage to my RV, plus tire ruts throughout my property, we went legal on him - AFTER requesting that he put in his own driveway and even AFTER we offered to pay 50% of his driveway. He still didn't do it even though his wife promised us twice they would and that they really weren't "bad people". Well I couldn't do much legally after all because of ME law so I decided fine, I'll go nasty so I had a privacy fence installed right in front of their house - there goes their view. I plan on adding to the fence all the way down the property (200ft done already, another 500ft to go). It will make their property very closed in. Like I said, try to work it out with your neighbours if you can.
 

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