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It could be they turn the horses out during the day, when you are gone and bring them in at night. Also, with that much land, the horses could be on their own grazing schedule and not at your easement at the time you are looking out there.
When I had four horses, I knew the time of day by where the alpha horse (RIP) moved everyone to graze. When he brought everyone up to the barn for water, he was rarely off on time by more than 20 minutes. Herd dynamics is an amazing and beautiful thing to observe
We have 25 acres that is cross-fenced, so I know how expensive safe fencing can be. They don’t need to fence off their entire property - just figure out how to fence off the section that borders the easement.
Even if that means jutting the fence out on two sides then running fence and a gate between those two sections, if that makes any visual sense - I’m not good at explaining things like that
Sorry to hear your alpha horse has passed. I'd imagine you would get very attached to such majestic animals!
We're retired and at the ranch all the time. If their horses were coming to the gate, I would see the tracks in the snow.
Sorry to hear your alpha horse has passed. I'd imagine you would get very attached to such majestic animals!
We're retired and at the ranch all the time. If their horses were coming to the gate, I would see the tracks in the snow.
I posted those links because of the livestock angle. You may have to be the one that does the fencing to exclude the horses.
As far as parking on the easement, I don't see where, having dealt with easements in Pennsylvania, you having much say, unless the easement agreement forbids that, if the vehicle isn't blocking your access to your property beyond it..
Sorry to hear your alpha horse has passed. I'd imagine you would get very attached to such majestic animals!
We're retired and at the ranch all the time. If their horses were coming to the gate, I would see the tracks in the snow.
1. Thank you. Yes, very attached is putting it mildly. He was with me 24 of his 27 years and moved cross-country twice with me. He is laid to rest on this farm
2. Well — no tracks in the snow answers that question. Makes ya wonder if they really do have horses as nobody in their right mind keeps horses in the barn for long periods of time — even show horses get a break during the off season
Their easement rights do not include grazing. No idea how many horses they have, I've never seen any horses. Maybe that will change as the weather warms up?
They have 35 or 40 acres, so it would be pretty expensive and time consuming for them to fence it in. I can see why they might not want to, but intimately it's up to them to do so if they wish to keep their horses on their property. What they are demanding seems unreasonable, unless I've missed something.
If they haven’t fenced in their property, how is that they are dependent on your gate to keep the horses contained? This doesn’t make sense.
Remove the gate (or lock it in the open position) and notify them that they can’t park cars on your land. Start towing if they don’t comply.
I posted those links because of the livestock angle. You may have to be the one that does the fencing to exclude the horses.
As far as parking on the easement, I don't see where, having dealt with easements in Pennsylvania, you having much say, unless the easement agreement forbids that, if the vehicle isn't blocking your access to your property beyond it..
In Pennsylvania an easement for access allows for utilization of the property beyond that which is required for access, or allows utilizing of the easement itself for purposes other than access?
I believe I would move my fence closer to my property line.
THat's what I was going to say...time for a new fence so they can't park there.
As to the gate...I'd move it with the fence, but maybe don't pick the battle of the gate in and of itself. You benefit from the gate as much as they do in not having their horses on your land.
Quote:
Originally Posted by Mr Blank
Anyway I was quite shocked with their response. I asked to clarify, "the only way I can access the back 5 acres of my property without having to open my own gate, is if I move my fence/gate 200 feet to the actual border." They said yes.
I would have thought that would be their responsibility to fence in their horses, or am I missing something?
It's your responsibility to fence them out, per NorthBeach...
In Colorado it is the responsibility of the landowner to fence OUT any livestock from their property with a “Lawful Fence”. But what if you don't care about their horses trespassing? In that case it's on them to keep them in I suppose.
In Pennsylvania an easement for access allows for utilization of the property beyond that which is required for access, or allows utilizing of the easement itself for purposes other than access?
That’s very strange. . .
Depends what's included in the easement. I dealt with one that not only allowed access but mining. We didn't own the property but the mineral rights which allowed mining to take place. The owner pitched a fit but the end result was that the property was in better condition after reclamation than before. It was flatter and the earlier spoil piles were buried and overlaid with topsoil plus some other improvements. He also got a per ton royalty.
That would be an interesting legal question-parking on a deeded easement by the easement holder that accesses the holder's property.
The fence line being so mangled is what makes this problematic as well as I'm wondering how this whole property lays out with the horses since the properties don't abut but only touch at the corners.
I got the impression they don't wish to discuss it further. Our gate, on our land must be kept closed (for their benefit) according to them, end of story.
But as far as I know, their easement rights do not give them the right to control gates on our property. If they want to keep their horses off our land, then they need to put up a gate on their property.
In Colorado I believe that if we don't want livestock (including horses) on our property, we're obligated to fence them out, but since they want to keep their livestock on their property, then that's their responsibility.
If you are going to discount Ms. Holbook's advice, and you are unwilling to meet in person with the neighbors to discuss the property line, then just move your fence to your property line and lock or unlock the gate as you please. It will then be your private matter only and let the neighbors figure out what they need to do to corral their horses.
If they haven’t fenced in their property, how is that they are dependent on your gate to keep the horses contained? This doesn’t make sense.
Some or neighbors abutting properties are fenced (including ours) and there are some natural features (some on their land, some of it on vacant land) which I guess is enough to contain their horses.
The only way out for the horse would be through our gate/property.
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