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I pay rent, i am entitled to have and use a ATV.... i am also going to miss work since i drive the 4wheeler to work sometimes when i cant find a ride into town.
You people are just biased against atv... if i were evicted tommorow my kids swingset, a riding lawn mower and my firepit ring will also be held hostage.
I read up on matter and i am going to the town zoning board and i think i will be granted access to the easement. The fence will have to come down or i will have to be compensated... i have the rights and i have paid my rent on time for the 18 months i live here.
You better learn how to ride that thing on two wheels! The neighbor's fence is on their property, you do not have a right to use their property as it is NOT an easement. You will lose all the way around.
I pay rent, i am entitled to have and use a ATV....
But not entitled to use your neighbor’s property.
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i am also going to miss work since i drive the 4wheeler to work sometimes when i cant find a ride into town.
Not your neighbor’s problem or responsibility.
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You people are just biased against atv... if i were evicted tommorow my kids swingset, a riding lawn mower and my firepit ring will also be held hostage.
Access can be troublesome at times. You may have to ask the neighbor for permission to remove the fence post when you move out. All costs, including replacement, would be on you of course.
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I read up on matter and i am going to the town zoning board and i think i will be granted access to the easement. The fence will have to come down or i will have to be compensated... i have the rights and i have paid my rent on time for the 18 months i live here.
Beware the amateur lawyer. People have a habit of reading regulations, not understanding them, and liberally interpreting them to their own best interest. Courts and regulatory agencies often differ in interpretation.
Please update this thread. I am interested in seeing how this gets resolved.
I pay rent, i am entitled to have and use a ATV.... i am also going to miss work since i drive the 4wheeler to work sometimes when i cant find a ride into town.
Paying your rent has nothing to do with the legal fence your neighbor put up. You will not get a discount on your rent because of the fence. The police will not get involved in your fence issue. The town will not get involved in the fence issue. The issue here is you..not the fence. You are not entitled to as much as you think you are.
You people are just biased against atv... if i were evicted tommorow my kids swingset, a riding lawn mower and my firepit ring will also be held hostage.
This has nothing to do with your ATV or your kids swing-set or lawn mower...and your neighbor is not obligated to make sure YOU can more your crap out of your yard. Since you do not own the house, the yard or the fence don't make any alterations to the fence until you have your landlord's permission to do so.
I read up on matter and i am going to the town zoning board and i think i will be granted access to the easement. The fence will have to come down or i will have to be compensated... i have the rights and i have paid my rent on time for the 18 months i live here.
The only rights you have to is the house and yard you rented. Your landlord is keeping up his end of the deal...and so are you by paying your rent on time and not disturbing the neighbors. You do not own the land therefore I doubt the town is going to grant you easement thru private property.
That fence will stay and you will not get compensation. You are not due compensation for anything and it blows my mind that you really believe someone owes you something.
Make trouble for your landlord and you might only be there a total of 19 mths.
You must live in a rural area where having a fence is uncommon. It doesn't mean it's a nuisance or illegal for the neighbor to build one. My suspicion is your neighbor got sick of seeing all the stuff in your backyard when he was in his own backyard. He built that fence specifically because of you.
Paying your rent does not entitle you to easements to the back yard. This is a land ownership issue. People pay lots of money to buy a parcel of land that has an easy to use easement. Sometimes land becomes land locked because it's surrounded by other parcels of land with no easements and that land can become worthless.
If the owner has easement rights, you'd need to look up the deed and that requires getting the landlord involved or doing the research yourself at the county recorder's office. If you get your landlord involved you might actually alert him to your use of his backyard as a storage facility which he may dislike and he may terminate your lease.
If there was previously an easement in place, then you might have something. You can ask your landlord, but I'm going to take a wild guess this isn't the case at all. But if somehow in the past this issue was noticed and an easement was established, that would be your only hope.
You need to sell your ATV. You should now have that and not an actual mode of transportation to get to work. I think your priorities are really messed up here. You are throwing a fit over this when you should really be out finding reliable STREET-LEGAL transportation so you can get to work. Even a scooter would be a better option (and would fit through the gate!).
As everyone has stated, your neighbor has done nothing wrong and is completely in his right (unless there is an actual easement already in place that he violated). You have no right to complain about all this. You chose to live there with the lot size the way it is. You chose to put stuff on it that required access that you don't have. This is almost like getting a pool and having it lay across the property line into your neighbor's backyard and then getting upset when he isn't happy about it. "But I have the right to a pool, I just can't fit it in my yard, so I'm using some of his." Well, if you don't have the land and accessibility for it, you don't get to have it, sorry.
Grow up. You've got kids, I'm guessing a significant other, etc. Set an example. Think about what's in your family's best interest. It isn't an ATV, at least not at this point in your life in that home without a proper vehicle to get to work to provide for said family.
There is generally a 7 foot or so easement between the property line and the home structure. What is it on the property you are renting that is preventing you from moving the ATV? If it is "your" gate that is too narrow - move that (I'm sure the landowners won't mind) instead of trying to force the neighbor property owner to accommodate you.
Oh, and since you are a renter - not the owner, why would any town council listen to anything you have to say? If I were on the council I would think you have no standing to lodge a complaint.
Lastly, if it is only a few inches keeping you from getting in or out, replace two of the fat wheels with skinny temporaries and get your quad out and leave it out.
Last edited by blktoptrvl; 05-25-2018 at 08:37 AM..
You people are just biased against atv... if i were evicted tommorow my kids swingset, a riding lawn mower and my firepit ring will also be held hostage.
Plenty of people have yards with restricted access. If I wanted to take my kids swingset out of the yard i'd need to take a section of fence down. Your problem is not unique. If I bought a ride-on mower, i'd have to do the same to get it into the backyard, and wouldn't be able to mow the front yard grass with it because it won't fit the gate. I would just widen the gate at that point.
Start looking for other solutions. You said you have neighbors that you can use their property to get out. Go over, introduce yourself, and ask for their permission. If they say no, talk to your landlord about widening the gate.
Your neighbor doesn't owe you access to his yard to get out, and has every right to build a fence there. Unless there is a easement written into the deed of the home allowing access, you have no case against a homeowner building a fence on his property to keep people out.
There is generally a 7 foot or so easement between the property line and the home structure. What is it on the property you are renting that is preventing you from moving the ATV? If it is "your" gate that is too narrow - move that (I'm sure the landowners won't mind) instead of trying to force the neighbor property owner to accommodate you.
Oh, and since you are a renter - not the owner, why would any town council listen to anything you have to say? If I were on the council I would think you have no standing to lodge a complaint.
Lastly, if it is only a few inches keeping you from getting in or out, replace two of the fat wheels with skinny temporaries and get your quad out and leave it out.
Do NOT assume that the landlord won't mind you making alterations to HIS, not YOUR, property - ask and get permission first, and if the answer is no, accept that gracefully. Again, you are paying to live on SOMEONE ELSE'S property. They get to make the rules (other than those dictated by law).
I pay rent, i am entitled to have and use a ATV.... i am also going to miss work since i drive the 4wheeler to work sometimes when i cant find a ride into town.
You people are just biased against atv... if i were evicted tommorow my kids swingset, a riding lawn mower and my firepit ring will also be held hostage.
I read up on matter and i am going to the town zoning board and i think i will be granted access to the easement. The fence will have to come down or i will have to be compensated... i have the rights and i have paid my rent on time for the 18 months i live here.
An easement is not something you get just because you want it. BOTH parties have to agree to there being an easement (ESPECIALLY the party whose land the easement will be on), and it is established through a set legal process, not because one party thinks they "deserve" it. Your sense of entitlement is amazing.
I'd be wondering if the landlord knows about the ATV... as a renter you may be violating the insurance the LL has. And ATVS tear up lawns.... if hope your not riding it around the yard....
Seriously, sell it and get something street legal to go back and forth to work. A Moped would be better, has turn signals, insurance and registration.. all of which protects you. Technically riding an unregistered, uninsured and missing legal lighting requirements ATV can get you pulled over, arrested and the ATV confiscated depending on local laws if it touches a street for more than so many feet.
I HAD a street legal ATV as a kid. Lights, insurance and registration. I was allowed up to 1 mile on the road surface with all of that in NY. Without all of that it would have been 250 ft on the shoulder (there was none LOL) and ONLY to get from trail to trail. Otherwise the officer had the LEGAL right to call a tow truck and impound the ATV. Yes they have the right to check, just like with snowmobiles.......
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