Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I was going to suggest getting an electronic gate as well and that way only the people with legal access will have the code.
I don't know about there, but here it is common to have a keypad on chains to close gates so if you have an old gate there, can you just use one of those big chains with a coded lock on it in the meantime? Then you only give the code to people that have legal access?
I see it on acreage properties all the time out here.
Yes, an electronic gate is something I will implement in the future, but we also want to put up an arbor with our ranch name on it, so all up it's going to cost a pretty penny.
The other option is to line the easement with chicken fencing or something to keep people going off the driveway, but he said it was miles of roads so that isn't practical.
OP does the easement go on the edge of your property or through the middle somehow?
It mostly goes around the edge and is fenced on both sides for about 1/2 of it. The fence is somewhat back from the road.
I would think that the other neighbors would really complain about that. Apparently he only "owns" his frontage so that would mean every owner past him would have to get out, open the gate, drive in, close the gate, open and then close the next one. I would get somewhat grouchy if it was me.
As far as filing over 100 complaints in the last year and a half I hope to God that those weren't against his neighbors.
Where did I say I filled 100 complaints? I said I've had over 100 trespassing incidences.
Where did I say I filled 100 complaints? I said I've had over 100 trespassing incidences.
My mistake, I misinterpreted "incidents" because you also said "complaints" which typically means filing something.
Just out of curiosity did the previous owners allow the neighbors to hunt, hike, traverse your property? Did you come in like a wrecking ball and start posting No Trespassing signs, threatening them and calling them inbreds?
So explain to me why you're getting so bent out of shape about someone parking on the side of the easement, assuming they aren't impacting traffic, and walking down the easement to view the property for sale? How is your life negatively impacted by this occurance? How is a sign out on the public right of way letting prospective buyers know a property is for sale and where it is negatively impacting you?
Look, it seems you're "right" by the letter of the law here. However, sometimes acting on "right" isn't worth the negativity it brings to your life and this seems to be one of those instances. What do you get for being "right" other than wasting a bunch of your time and creating stress for the pleasure of being right for a one time occurance. Maybe you get a lower property value for you and your neighbors by chasing away good buyers. Congrats.
So let me ask you, is being right that important to you, or are you better off just carrying on with your life?
Obviously you're mixing up issues here with the home for sale vs. what your other neighbor has done with with a nearby home for sale. There is a difference between vandalism by a neighbor and a prospective buyer walking down a road to see a house for sale. Anyway, you do you chief but you're headed for a stroke or heart attack if you don't relax some.
Sometimes putting in a little effort at the start prevents small problems turning into big ones.
The law is on my side, but it's a civil matter, not a criminal one. It's not even a question of winning or not, but rather the easiest way to go about it. ...
I have no intention of interfering with the sale of their property, I am only looking to ensure the covenants are observed and that no one is trespassing on my property, while accessing their property. It's really not that hard to understand.
It's not trespassing if they are traversing the easement to access the property for sale. To trespass a person you need to have law enforcement give notice to the trespasser that they cannot be on your land. If you have an easement, you won't get a trespass as they are legally allowed to be there to access the other property. I'm not certain about the law when it comes to the car being left on the easement for a very temporary basis, but what are your financial damages or recourse? I suppose you might be able to get the car towed, but why? How has that car sitting there for a short amount of time affected you?
As far as threats to sue for trespassing, or a car parked on the easement for a small amount of time, or a sign placed by agent, what would your financial damages be? I pity the people that have to deal with you.
My mistake, I misinterpreted "incidents" because you also said "complaints" which typically means filing something.
Just out of curiosity did the previous owners allow the neighbors to hunt, hike, traverse your property? Did you come in like a wrecking ball and start posting No Trespassing signs, threatening them and calling them inbreds?
I don't know what the arrangement with the previous owners were, (nothing of that nature was disclosed) but it's irrelevant. All agreements with a previous owner do no apply to the new owners.
No, I did not come in like a wrecking ball. I did nothing but takes notes for the first 6 months. Threaten? You mean like violence? Or do you mean threatening to take them to court over violations or calling the cops?
My neighbors are not inbred. Where are you getting this stuff from? I've never called any of them names and I have always be polite despite their rudeness and bullying.
They are pi$$ed at me because they don't like the convents and wanted to dissolve them. They wanted to form a HOA so that they had control. They tried to bully me into complying since it takes a unanimous decision to change the covenants. Oh and BTW I own more than 1/2 the subdivision and have the according amount of votes, but in their proposed HOA, I only get one vote, since I only have one house. What fool would agree to that? They also hate that the covenants don't apply to several of my blocks (including the one the house is on), even though they are in subdivision.
It's not trespassing if they are traversing the easement to access the property for sale. To trespass a person you need to have law enforcement give notice to the trespasser that they cannot be on your land. If you have an easement, you won't get a trespass as they are legally allowed to be there to access the other property. I'm not certain about the law when it comes to the car being left on the easement for a very temporary basis, but what are your financial damages or recourse? I suppose you might be able to get the car towed, but why? How has that car sitting there for a short amount of time affected you?
As far as threats to sue for trespassing, or a car parked on the easement for a small amount of time, or a sign placed by agent, what would your financial damages be? I pity the people that have to deal with you.
Getting out of your car an placing a sign on my property is not ingress or egress. It's not hard to understand. As for damages, I can collect all my legal costs. It could be quite substantial. Of course that is only a last resort.
Anyway, the realtor's boss has called me back and apologized, said it won't happen again.
If you meant to say driveway instead of road, I didn't see that distinction in your post. We don't have to agree but I am trying to keep this civil. Have a good day.
BTW: this is considered an open forum and as long as the members follow the forum rules, anyone can comment on any post at any time.
The OP has an issue with their portion of their 'road'. My post illustrated that I also, as a property owner, own a piece of 'the road'.
I didn't mean to say 'driveway' or infer as such. I said 'ROAD'.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I've never called any of them names and I have always be polite despite their rudeness and bullying.
