Neighbour trouble brewing.....?
- Thread starter weedpharma
- Start date
- Views: 13437
OP
weedpharma
Gold Member
- Joined
- Jun 21, 2008
- Messages
- 291
Asking that I have access to my property via a legal right of way is hardly instructing the owner to modify to suit me. I am simply asking for what I own - a right of access without risk to my health due to his faulty gate.
I am more than willing to assist if the owners make arrangements suitable to me, remembering I do not live on the property.
I purchased the property with to two gates on their fences (long before these owners) so have been prepared to accept them although I would certainly not be upset if they were removed.
The gates are only for their benefit, keeping cattle in or out of their paddocks. They are of no benefit at all to me.
My property is in Western Australia.
When I next visit, in 11 days, I will find out where I am at!
Weedpharma
greasemonkeyok
Veteran Member
"The gates are only for their benefit, keeping cattle in or out of their paddocks. They are of no benefit at all to me."
Under those circumstances, I would offer to pay to install cattle guards and a gate beside each. Hire it done yourself, don't give the money to the neighbor but get their approval of the design. Unless they travel back and forth frequently, you would be the main beneficiary of the cattle guards.
Keeping livestock in the correct pasture is a big issue with ranchers.
Also asses the mental health of the neighbor. I have had an extended family member killed over a dog. If they act irrationally, don't expect them to suddenly become like Socrates.
Under those circumstances, I would offer to pay to install cattle guards and a gate beside each. Hire it done yourself, don't give the money to the neighbor but get their approval of the design. Unless they travel back and forth frequently, you would be the main beneficiary of the cattle guards.
Keeping livestock in the correct pasture is a big issue with ranchers.
Also asses the mental health of the neighbor. I have had an extended family member killed over a dog. If they act irrationally, don't expect them to suddenly become like Socrates.
It will be interesting to hear how access/easement rules/law work in Australia. Presumably they are similar (all are likely based on old English common law). You could bring a post with you on your next visit (scrape you name into both ends) and leave it where the gate is. Just to see if you shame them into fixing it. And leave the gate out of the way. The old 'hint'. You provide the solution and show the problem.
I might be inclined to send a registered letter to them in advance, noting that 'in good faith you are willing to assist in providing a solution to a problem they created' (by adding the additional gate and NOT maintaining it) 'and donating a post for the problem as noted and acknowledged in our conversation on xxx date'. 'Please repair at you convenience, as I am not able to close your gate in the condition it is in'. Etc. Including reference to the easement and existing right of way (acknowledged at the time of there purchase when they signed the deed).
Nothing wrong with clearing the air, offering the post, and not giving up your rights of existing access. Doesn't matter if they like it, they knew of the conditions, and you can't say in a conversation what you can say in a letter. Plus it is easier to refer to if it gets ugly, and you can be sure you set the tone you wanted to. And it wouldn't matter what you said with out benefit of reliable witness.
One thing you might do, ask the local constables what experience they have with the folks, or this situation. Sometimes a friendly chat will get the word passed around. For example, here in Colorado, we are an 'open range' state. That means you have to fence OUT animals from your property (at least agricultural animals), not fence to keep them IN (there is a practical level here too -- you probably want to keep your prized critters in so they don't get killed or bred with someone elses).
I have a property line dispute coming sooner than later myself. Shouldn't be too bad, but will not improve our neighbor relations.
I might be inclined to send a registered letter to them in advance, noting that 'in good faith you are willing to assist in providing a solution to a problem they created' (by adding the additional gate and NOT maintaining it) 'and donating a post for the problem as noted and acknowledged in our conversation on xxx date'. 'Please repair at you convenience, as I am not able to close your gate in the condition it is in'. Etc. Including reference to the easement and existing right of way (acknowledged at the time of there purchase when they signed the deed).
Nothing wrong with clearing the air, offering the post, and not giving up your rights of existing access. Doesn't matter if they like it, they knew of the conditions, and you can't say in a conversation what you can say in a letter. Plus it is easier to refer to if it gets ugly, and you can be sure you set the tone you wanted to. And it wouldn't matter what you said with out benefit of reliable witness.
One thing you might do, ask the local constables what experience they have with the folks, or this situation. Sometimes a friendly chat will get the word passed around. For example, here in Colorado, we are an 'open range' state. That means you have to fence OUT animals from your property (at least agricultural animals), not fence to keep them IN (there is a practical level here too -- you probably want to keep your prized critters in so they don't get killed or bred with someone elses).
I have a property line dispute coming sooner than later myself. Shouldn't be too bad, but will not improve our neighbor relations.
jinman
Rest in Peace
- Joined
- Feb 23, 2001
- Messages
- 20,387
- Location
- Texas - Wise County - Sunset
- Tractor
- NHTC45D, NH LB75B, Ford Jubilee
With complete respect to your opinion, I strongly disagree. The gates are for your benefit. A fence would be the best thing for your neighbor, not a gate. The gates in the fence are to enable your passage and benefit you and all those who use the access easement. If there were no gates and a fence instead, wouldn't the neighbor be happier than now? I'm sorry, but my "benefit formula" says that this is to your benefit instead of your neighbor's.
Those of us who have fences with gates around our own property know what a pain it can be to get out and open/close a gate when passing through. That's why so many of us have opted for gate openers. Because you are inconvenienced having to get out of your car to open/close a gate is no more inconvenience than those of us who own gates. To me that has no bearing on who has responsibilty for a gate.
Mace Canute
Elite Member
With complete respect to your opinion, I strongly disagree. The gates are for your benefit. A fence would be the best thing for your neighbor, not a gate. The gates in the fence are to enable your passage and benefit you and all those who use the access easement. If there were no gates and a fence instead, wouldn't the neighbor be happier than now? I'm sorry, but my "benefit formula" says that this is to your benefit instead of your neighbor's.
X 2!!
DanD78
Platinum Member
The way I read this it is his road and his gates. He only has to let you use a strip of his property to have access to yours. If the gates are open or closed they are set as such for his convience not yours. You might consider your self lucky that there are only two gates.
I agree with others that have said fix it your self so it makes it easier on you. When finished drop in and tell him you took care of he gate then talk about something else. Rules around here are if you find a gate closed you close it again. If open you leave it open.
Dan
I agree with others that have said fix it your self so it makes it easier on you. When finished drop in and tell him you took care of he gate then talk about something else. Rules around here are if you find a gate closed you close it again. If open you leave it open.
Dan
CurlyDave
Elite Member
You might consider your self lucky that there are only two gates.
Actually, here in Oregon, there have been court cases about exactly this issue. A property owner can not install addition fences and gates purely for the purpose of annoying an easement holder. Even if he can come up with a explanation of why he needs another fence/gate the the fact that he has gotten along with only two for so long would go against him.
On the other hand, we had a case a couple of years ago where someone did not have an easement but insisted on driving across someone else's property, because it was easier access to his land. He took his rifle over to discuss the issue with the landowner, and ended up getting shot himself. No charges, which I think was the correct result.
Actually, here in Oregon, there have been court cases about exactly this issue. A property owner can not install addition fences and gates purely for the purpose of annoying an easement holder. Even if he can come up with a explanation of why he needs another fence/gate the the fact that he has gotten along with only two for so long would go against him.
On the other hand, we had a case a couple of years ago where someone did not have an easement but insisted on driving across someone else's property, because it was easier access to his land. He took his rifle over to discuss the issue with the landowner, and ended up getting shot himself. No charges, which I think was the correct result.
two_bit_score
Super Star Member
- Joined
- Dec 22, 2008
- Messages
- 10,983
- Tractor
- John Deere 110 TLB, Diamond C 19LPX GN trailer
weed, looking forward to finding out how this all plays out 'down under'. Whenever I read one of these threads I am thankful that I have no easement issues to deal with. Good luck and I hope you use honey to catch the flies. In the long run it seems to be cheaper.
Mousefield
Veteran Member
- Joined
- Aug 24, 2008
- Messages
- 2,482
- Tractor
- Sold 2008 CK35 HST
We are very lucky to have a registered right of way (easement), it only cost us $20,000+?? Our two neighbors that use the same private road can only get a license to use the road from the timber company that owns the 200 acres that the road crosses. The license is good for only one year and they can give 30 days written notice to cancel the license. As you can imagine this really devalues their property. There is, on paper, a public road to our 3 properties but someone would have to spend $200,000. - $400,000. or more to build the road and a couple of bridges, all to highway standards.