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Old 03-24-2018, 09:43 AM
 
10,271 posts, read 6,506,221 times
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Quote:
Originally Posted by just_because View Post
Or they decide to put a gate on the easement without discussing it with her. Trust me, easement disputes can be NASTY. The OP is lucky if they have not had any issues in the past. But it's a new neighbor and anything can happen now.
They can't legally block you with a gate, but they can do it in practicality and act dumb and cost you money in lawyers fee to fight it.

Especially when it's not a public easement or shared. they can even border it with sharp rocks/stones beyond where they need to use and and others do, so you can get by, but you have to be careful.
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Old 03-24-2018, 09:46 AM
 
10,271 posts, read 6,506,221 times
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Originally Posted by just_because View Post
Ahhh...I think you are right. I misunderstood. I thought this was the OP's access route as well but I don't think that's the case after rereading. Ignore my comments!
It's even worse for them to bother you about your own easement that the OP won't even need to use.
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Old 03-24-2018, 09:50 AM
 
6,359 posts, read 7,330,919 times
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Originally Posted by jghorton View Post
It makes no sense to simply "keep your mouth shut" if this is an important matter to you. You have nothing to lose by raising the question ... and no complaints if you don't.
Exactly. If you have a preference for whatever reason, let him know about it in a neighborly way, downplaying its significance (if it is a significant matter to you). If you don't mention it at all, you'll be stewing over your lost opportunity. It's still his decision to make, but at least he will know of your concerns...and you won't have any regrets for not mentioning it. I'm sure that you can live with whatever course he takes.
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Old 03-24-2018, 09:53 AM
 
1,528 posts, read 726,575 times
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Quote:
Originally Posted by LifeIsGood01 View Post
They can't legally block you with a gate, but they can do it in practicality and act dumb and cost you money in lawyers fee to fight it.

Especially when it's not a public easement or shared. they can even border it with sharp rocks/stones beyond where they need to use and and others do, so you can get by, but you have to be careful.
Yes, that's what I meant. They need to retain access for the easement holder(s) but it's normally a court decision as to what's 'reasonable access' or whatever legal test there is for it. They normally can install a gate but need to provide access. For example, they can install the gate after their access point and require that it be locked with a padlock (for which they have a key, of course). Court may or may not like this but who wants to go to court. And normally the easement holder loses in the end (might win in court but lose in life). Or they both lose. These are prickly and if you are an easement holder on someone else's land, you need to do your most to avoid raising the prickers of the landowner. The sharp rock story is interesting! I'm sure there are many ideas that people have for technically abiding by the law but making life miserable. They can have parties and let people park on it, blocking access. Then it's just 'Oh sorry'. Many ways of making life miserable.

But not relevant anyway since i misunderstood and the OP doesn't use the easement.
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Old 03-24-2018, 09:56 AM
 
10,271 posts, read 6,506,221 times
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Quote:
Originally Posted by jackmichigan View Post
Exactly. If you have a preference for whatever reason, let him know about it in a neighborly way, downplaying its significance (if it is a significant matter to you). If you don't mention it at all, you'll be stewing over your lost opportunity. It's still his decision to make, but at least he will know of your concerns...and you won't have any regrets for not mentioning it. I'm sure that you can live with whatever course he takes.
But it's not true that they have nothing to lose by asking. They can lose a civil neighborly relationship.

They know there is a risk or they would have asked people here.

If you think you are going to regret not asking, go introduce yourself and see what vibe you get from them before you ask them to place their driveway in the position that is most beneficial to you.
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Old 03-24-2018, 09:59 AM
 
6,359 posts, read 7,330,919 times
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Quote:
Originally Posted by LifeIsGood01 View Post
But it's not true that they have nothing to lose by asking. They can lose a civil neighborly relationship.
That's why they need to ask nicely--"in a neighborly way." Give people some credit.
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Old 03-24-2018, 09:59 AM
 
10,271 posts, read 6,506,221 times
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Quote:
Originally Posted by just_because View Post
Yes, that's what I meant. They need to retain access for the easement holder(s) but it's normally a court decision as to what's 'reasonable access' or whatever legal test there is for it. They normally can install a gate but need to provide access. For example, they can install the gate after their access point and require that it be locked with a padlock (for which they have a key, of course). Court may or may not like this but who wants to go to court. And normally the easement holder loses in the end (might win in court but lose in life). Or they both lose. These are prickly and if you are an easement holder on someone else's land, you need to do your most to avoid raising the prickers of the landowner. The sharp rock story is interesting! I'm sure there are many ideas that people have for technically abiding by the law but making life miserable. They can have parties and let people park on it, blocking access. Then it's just 'Oh sorry'. Many ways of making life miserable.

But not relevant anyway since i misunderstood and the OP doesn't use the easement.
I see what you mean, yes even placing a gate unlocked that has to be raised and can not stay raised and has to be lowered is enough of a problem to make it annoying. Also he can do it to the other neighbor who does have to use the easement and blame it on the OP to get the other neighbor mad at the OP.
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Old 03-24-2018, 10:03 AM
 
10,271 posts, read 6,506,221 times
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Quote:
Originally Posted by jackmichigan View Post
That's why they need to ask nicely--"in a neighborly way." Give people some credit.
That's not the point. Some people will even be offended that you have the nerve to tell the where to place their driveway in the first place on their own land to their own easement. You can ask as nicely as you want, and it won't make a difference. I know people like that, they can be really nice as long as you don't tell them what to do.
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Old 03-24-2018, 10:11 AM
 
Location: Rochester, WA
3,832 posts, read 2,056,232 times
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So lets avoid all people because some are hard to deal with?

I say go talk to him, peaceably, and see. There IS a common interest in peace. The guy may have no opinion at all where his driveway goes, or it may help him for his own reasons, to ease a corner, or come in from a different place... he may actually like the idea. You never know.

If the relationship is going to blow up if you look at the guy sideways, then that's also good to know sooner rather than later.
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Old 03-24-2018, 10:18 AM
 
10,271 posts, read 6,506,221 times
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Quote:
Originally Posted by Diana Holbrook View Post
So lets avoid all people because some are hard to deal with?

I say go talk to him, peaceably, and see. There IS a common interest in peace. The guy may have no opinion at all where his driveway goes, or it may help him for his own reasons, to ease a corner, or come in from a different place... he may actually like the idea. You never know.

If the relationship is going to blow up if you look at the guy sideways, then that's also good to know sooner rather than later.
Or he can think today the driveway tomorrow you are gonna tell me where to place my pool or lawn furniture.
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