Willl
Elite Member
X-3!!
Neighbour trouble brewing.....?
- Thread starter weedpharma
- Start date
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X-3!!
jlsmith
Veteran Member
X's 5. Fix the gate and move on. Life is to short to fight over a $10 post.
Pirate
Gold Member
Sat around and read all fifty two or four (?) pages of that post one snowy day. It sent shivers down my spine. I decided after that to fix all of my boundary disputes. Made one neighbor move a section of his fence and sent a registered letter to another neighbor who was using a another small section as his yard. I consulted a lawyer for free on how to handle it. All is fixed to my satisfaction now. Whatever you do, don't let it stew, get it solved now, otherwise, you could end up like the guy mentioned in the quoted post. It also made me realize that I should never use a simple handshake to solve a property line issue.
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rjkobbeman
Platinum Member
I think what may be different here (although I did not read the big post some are referring to here) is that the OP is not the land owner. He is simply the benefactor of an easement. Yes, he has rights with regard to the easement, but he does not own the property (if I understand him correctly).
I think what most here are troubled with is the entitlement attitude that because he has rights to the easement he can instruct the land owner to modify the land owner's property to the liking of the OP. That is absurd.
What wasn't clear is what the gate is for and who wants it there... that may or may not change things.
I think people with easement's across other peoples property should be very respectful. I understand how things can spiral out of control in a hurry.
I think what most here are troubled with is the entitlement attitude that because he has rights to the easement he can instruct the land owner to modify the land owner's property to the liking of the OP. That is absurd.
What wasn't clear is what the gate is for and who wants it there... that may or may not change things.
I think people with easement's across other peoples property should be very respectful. I understand how things can spiral out of control in a hurry.
tallyho8
Elite Member
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This is the aforementioned thread:
http://www.tractorbynet.com/forums/rural-living/14251-help-i-need-legal-advice.html#post155259
http://www.tractorbynet.com/forums/rural-living/14251-help-i-need-legal-advice.html#post155259
greasemonkeyok
Veteran Member
Is it a win or a loss when you prevail in the court of last resort, but spend a fortune? I think the answer can be found by the inferences in the above posts.
Human nature being what it is, my belief is that it is best to start with either fixing the post yourself or offering to help. A poor settlement is better than a good lawsuit.
If the only purpose for the gate is to keep horses (livestock) in or out of a pasture, as an alternative I would offer to install a cattle guard in place of the gate so that I wouldn't have to stop and open/close the gate.
Human nature being what it is, my belief is that it is best to start with either fixing the post yourself or offering to help. A poor settlement is better than a good lawsuit.
If the only purpose for the gate is to keep horses (livestock) in or out of a pasture, as an alternative I would offer to install a cattle guard in place of the gate so that I wouldn't have to stop and open/close the gate.
I'm going to need to put on my flame-retardant suit on for my next statement...
:2cents:
Is the gate needed? does it serve a purpose? does it keep animals in? or out? I would move it to the side and leave it since it's broken and does not work... If they want to put it back, that's fine... repeat as many times as needed.
Again, you should ask a lawyer about if that's legal to do!!!
Suit is all zipped up.... :ashamed:
BTW, I bought a cattle guard for $1550 to replace a gate that we had to keep opening and closing... talked to the neighbor (who's very nice) he like the idea... and love the fact that I was paying for the whole thing. Worth every penny (pays double on rainy days).
:2cents:
Is the gate needed? does it serve a purpose? does it keep animals in? or out? I would move it to the side and leave it since it's broken and does not work... If they want to put it back, that's fine... repeat as many times as needed.
Again, you should ask a lawyer about if that's legal to do!!!
Suit is all zipped up.... :ashamed:
BTW, I bought a cattle guard for $1550 to replace a gate that we had to keep opening and closing... talked to the neighbor (who's very nice) he like the idea... and love the fact that I was paying for the whole thing. Worth every penny (pays double on rainy days).
jpm
Platinum Member
the post of mdbarb is the post starting in 2000. read it and you will know what can go wrong big time!! lawyer up or try good guy ? there's no one good answer
As is always the case in civil legal battles I know my wife and I will sorely miss all that money we spent in legal fees etc in our retirement years which are fast approaching.
All over nothing thanks to a local judge who cant read a deed and didn't do any research just threw out an arbitrary judgment based on his personal (albeit idiotic) feelings and a sorry sue crazy neighbor with a history of stupid lawsuits going back 30 years.
All over nothing thanks to a local judge who cant read a deed and didn't do any research just threw out an arbitrary judgment based on his personal (albeit idiotic) feelings and a sorry sue crazy neighbor with a history of stupid lawsuits going back 30 years.
