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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.
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.
Right you are. I initially thought that only applied to cattle, but it extends to all livestock. But it's a moot point, because I could care less if their horse is on my property, horses are cool! But our horse owning neighbors would care, because they might never see their horse again. Much of my land isn't fenced and the horse could wonder off for miles and miles.
Right you are. I initially thought that only applied to cattle, but it extends to all livestock. But it's a moot point, because I could care less if their horse is on my property, horses are cool! But our horse owning neighbors would care, because they might never see their horse again. Much of my land isn't fenced and the horse could wonder off for miles and miles.
Exactly. Lock the gate open, and I bet they will be much more likely to engage in a reasonable discussion/negotiation.
I have some land that has an easement through it that allows our neighbor ingress and egress via a gate at the back of our property. For some reason the gate and fence are about 200 feet from our actual property border. In other words, we have about 5 acres of our property that is not fenced.
I've noticed that our neighbor has started parking on the easement on "their" side of the fence/gate, but in actuality, they are on our property. They also have a lock on the gate, but the gate isn't locked.
So I went back there to confirm the location of the survey peg and sure enough the gate and where they park is on our land. I called them up to clarify the situation and to let them know not to lock the gate and to leave the gate either open or closed depending on how I left it. They replied that the gate must be closed at all times because they have horses.
I was hoping this was simply a misunderstanding about were the property lines were, but they seem to understand that the gate is on our property, but insisted that I have to keep my gate closed at all times because of their horses. They said they wouldn't lock the gate, so not sure why they have a padlock there?
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?
1. Why do you even have a fence at all? Do you have livestock that you wish to keep inside the fence?
2. Why does it matter to you whether the gate is open or closed? How much trouble could it be to get off the tractor or out of your truck and open the gate and then close it behind you?
3. If you don't like your neighbor parking on your property, tell him not to park there. An easement to cross over a piece of property does not mean they have the right to park there.
4. If your neighbor wants to keep his horses off your property, then that's his responsibility to fence them out. He would have to build a fence on HIS side of the property if he wants to keeps his horses on his property.
5. Is there a fence or gate on the other side of your property that the neighbor needs to go through in crossing your property? How is that handled?
6. This sounds like a petty neighbor squabble. You've given no reason at all why it's important to you that the gate be left as YOU want it. Why would you want it open at some times and closed at other times?
7. Based on what little details you have provided, the only solution to keep both you and your neighbor happy would be for the neighbor to build his own fence with a gate in it. Then, you could keep your gate open or closed as you wish, but you would still not be able to lock it or it would deny your neighbor the ability to cross your property.
It's funny, but apparently, our horse owning neighbors are now also pi$$ed about our grazing lease. We HAVE to keep the cattle off their property. Another reason we have to keep our gate closed at all times!
Can you believe the nerve of some people? Our gate, on our property, exists (according to them) to both keep our livestock out, and their livestock in.
It's hard to be reasonable with unreasonable people.
It's funny, but apparently, our horse owning neighbors are now also pi$$ed about our grazing lease. We HAVE to keep the cattle off their property. Another reason we have to keep our gate closed at all times!
Can you believe the nerve of some people? Our gate, on our property, exists (according to them) to both keep our livestock out, and their livestock in.
It's hard to be reasonable with unreasonable people.
But you said in your first post that sometimes you wish to keep the gate open and sometimes you wish to keep it closed. Now you're saying that you have to keep the gated closed ALL THE TIME because of your cattle. You're contradicting yourself.
But you said in your first post that sometimes you wish to keep the gate open and sometimes you wish to keep it closed. Now you're saying that you have to keep the gated closed ALL THE TIME because of your cattle. You're contradicting yourself.
I don’t think he’s contradicting anything. He understands that the neighbors are backwards in their demands. In Colorado the stock owner has no duty to keep his stock from trespassing. That would mean it’s incumbent on the neighbor to keep their area fenced and unwanted cattle out.. These neighbors are also demanding the OP is responsible for keeping THEIR stock on their land. Also wrong. OP can keep the horses out, if he wants, but if he doesn’t mind he doesn’t have to.
1. Why do you even have a fence at all? Do you have livestock that you wish to keep inside the fence?
2. Why does it matter to you whether the gate is open or closed? How much trouble could it be to get off the tractor or out of your truck and open the gate and then close it behind you?
3. If you don't like your neighbor parking on your property, tell him not to park there. An easement to cross over a piece of property does not mean they have the right to park there.
4. If your neighbor wants to keep his horses off your property, then that's his responsibility to fence them out. He would have to build a fence on HIS side of the property if he wants to keeps his horses on his property.
5. Is there a fence or gate on the other side of your property that the neighbor needs to go through in crossing your property? How is that handled?
6. This sounds like a petty neighbor squabble. You've given no reason at all why it's important to you that the gate be left as YOU want it. Why would you want it open at some times and closed at other times?
7. Based on what little details you have provided, the only solution to keep both you and your neighbor happy would be for the neighbor to build his own fence with a gate in it. Then, you could keep your gate open or closed as you wish, but you would still not be able to lock it or it would deny your neighbor the ability to cross your property.
The fences came with the purchase of the Ranch . I don't believe I need to give anyone any reason for what I do with MY gate on MY land, but if you must know, it's because I will be riding my motorcycle through there from time to time. There's a cliff that runs along my property and it's only ride-able in certain sections. It's a huge PITA to get off the bike, open the gate, push my 300lbs moto through the gate and then close the gate every time I pass through there.
And yes, I will have live stock on my property from time to time (grazing lease with a local rancher). When I'm riding, the gate needs to be left open and when the cattle are there grazing, I'm assuming my rancher would like it closed.
The fences came with the purchase of the Ranch . I don't believe I need to give anyone any reason for what I do with MY gate on MY land, but if you must know, it's because I will be riding my motorcycle through there from time to time. There's a cliff that runs along my property and it's only ride-able in certain sections. It's a huge PITA to get off the bike, open the gate, push my 300lbs moto through the gate and then close the gate every time I pass through there.
And yes, I will have live stock on my property from time to time (grazing lease with a local rancher). When I'm riding, the gate needs to be left open and when the cattle are there grazing, I'm assuming my rancher would like it closed.
You're really going to have to refer back to the Colorado laws on fencing and livestock.
But you said in your first post that sometimes you wish to keep the gate open and sometimes you wish to keep it closed. Now you're saying that you have to keep the gated closed ALL THE TIME because of your cattle. You're contradicting yourself.
It's the neighbors with the horses that are demanding our gate be kept closed at all times.
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. I don't believe I need to give anyone any reason for what I do with MY gate on MY land, but if you must know, it's because I will be riding my motorcycle through there from time to time. There's a cliff that runs along my property and it's only ride-able in certain sections. It's a huge PITA to get off the bike, open the gate, push my 300lbs moto through the gate and then close the gate every time I pass through there.
