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An easement is a legal right to use another's land for a specific limited purpose. In other words, when someone is granted an easement, he is granted the legal right to use the property, but the legal title to the land itself remains with the owner of the land.
This is on file at the Courthouse Deeds of Records. Between the Land Owners NOT Tenant.
I almost purchased 5+ acre that was Dead center of a housing development it came with a easement thru one of the other lots BUT was never built, Over the decades the place the easement was on changed several hands. the Original owner of the 5 acres died in nursing home & his surviving great grand son was trying to sell it. He took the current owner of the lot the easement was thru to court...so he could build the driveway into the property. Judge told him he could sell the place or use it Only by Hellicopter!
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.
Some of this is stuff an owner would say. I don't know if zoning even speaks no non-owners. Nor would grant anything about , say, Jim's property to John.
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.
RE my comment above, I wonder how EVERYONE's response would differ if OP said, "I came home from work, and my riding mower, which I keep in my backyard shed, is trapped due to the neighbors new fence. I can't get it through the sideyard without scraping the fence or the house or the concrete footings.
I agree though, OP needs to talk to the neighbors behind or wherever and say, "Hey, I need to get my wheeler through since Mr. Barnes put his fence trapping it, I'm just going to be a minute just this once Please and thank you."
And if they say no, wait til they're gone and drive it through and leave it in front.
Originally Posted by bobo21 View Post
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.
Yes you have a right to own and ride an ATV. Problem, you are not entitled to use it on another persons property without their permission. Your neighbor has put up a fence to keep you off of his property. This is his right as the property owner.
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.
That is your problem, and is not the problem of the neighbor.
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...
The town zoning board, does not have the power to tell a property owner they have to take down a legal fence so you can have access to your back yard, or to force the neighbor to give you compensation. That is not their job. Their job is to make sure that everything in town, is within the zoning laws of the town/state.
i have the rights and i have paid my rent on time for the 18 months i live here.
Yes you have rights, which include the right to live at the property, your landlord owns. BUT, it does not give you any rights to use part of the property owned by the neighbor.
You are lucky that the neighbor did not call the police every time you ran your ATV over his property. He has the right to do so. And it could lead to your being given a ticket, or taken to jail if you did not stay off of his property.
Your solution instead of fighting with the neighbor, is to ask the landlord to let you put in a new gate at your expense that would allow you to take the ATV and other things into and out of your back yard.
I wonder, what people would say if it were his lawnmower?
Its easy to get aggravated about the thought of someone hotrodding through the neighbors lawn. But if you take OP at his word that isn't the case.
Wouldn't matter.
The OP wants the neighbor to remove (or move) that neighbor's own fence - instead of removing/moving the fence or gate he has on the property he himself is controlling. In my book that would be a non-starter if he was moving an ATV, a 747, a lawnmower, or a Hot Wheel's Action Track.
He is looking across the property line for a solution, when the simplest solution is in his mirror.
2 rich guys have side by side houses on the water. One built his dock at a 45 degree angle so he essentially has to back off the lift into his neighbors area. Neighbor warns that he is putting in a dock that will be 100% legal but will surely interfere with the 45 degree angle dock. 45 guy screams up and down his dock is legal too! Day of install, one final warning that if he doesn't remove his boat it will be forever stuck in place. Guy does nothing, neighbor installs a dock/lift.
45 guy's boat is stuck on the lift, can no longer back it off since there is a newly built dock behind it. He has to wait until high tide and dismantle the lift, float the boat off with assistance of a tow boat then rebuild the dock.
45 guy was a dentist, neighbor was a hedge fund guy.......dentist didn't have enough money to fight so he lost!
I would ask him why he wants to mow the street and why he bought the world's widest lawn mower
Or why on earth he needs a riding lawn mower if the entrance to his backyard is so narrow that he can’t get the lawnmower through. That usually implies that a person has a small yard or needs to do something to his own fence to widen the entry to the back yard.
I also wonder about the OP and why he thinks it is okay to use his backyard as a storage unit that requires access to someone else’s backyard to get his stuff in. What kind of stuff does he have back there that it is so huge that it can’t fit in without access to someone else’s back yard? Does the landlord know about this?
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