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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?
Bring a plat map and meet with them in person out there where you can both look and point and work out what you both want. It will be clearer than a phone call at this point.
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.
I understand that... but if you want something to happen than is different than what is now happening, I think a plat map or survey or other aerial view, and a physical walk of the property would be the most clear way to communicate.
You may need to pull out the easement document and maybe have a lawyer look at it. You have too many feelings and beliefs, not to mention impressions, about it.
A well crafted agreement will spell out most of your questions.
Or you could put your own lock on the fence and force your neighbor to cut the lock. The aftermath should make a good episode of Fear Thy Neighbor.
I understand that... but if you want something to happen than is different than what is now happening, I think a plat map or survey or other aerial view, and a physical walk of the property would be the most clear way to communicate.
I had a survey done prior to our purchase. While I agree a meeting in person at the back gate would be the best idea, it's clear they don't really care to discuss it. They just want to keep the status quo.
You may need to pull out the easement document and maybe have a lawyer look at it. You have too many feelings and beliefs, not to mention impressions, about it.
A well crafted agreement will spell out most of your questions.
Or you could put your own lock on the fence and force your neighbor to cut the lock. The aftermath should make a good episode of Fear Thy Neighbor.
I've already looked at the easement docs. There's nothing out of the ordinary in them that would suggest they have a right to decide if a gate (that's 200ft onto our property) gets to be kept open or closed. I'm pretty sure the opposite is true, from my research. We can put up a gate (open, closed locked or not) on the easement, as long as we give them the key. They have to keep the gate as it was found.
I know your just kidding, but I would never lock someone out from their property!
I want to keep things friendly with these neighbors, but are not making it easy.
If they are parking on your land and it sounds like letting their horses on your land, could this situation be heading into adverse possession territory? That and potential exposure to liability resulting from them using your property would be my two biggest concerns.
I've already looked at the easement docs. There's nothing out of the ordinary in them that would suggest they have a right to decide if a gate (that's 200ft onto our property) gets to be kept open or closed. I'm pretty sure the opposite is true, from my research. We can put up a gate (open, closed locked or not) on the easement, as long as we give them the key. They have to keep the gate as it was found.
I know your just kidding, but I would never lock someone out from their property!
I want to keep things friendly with these neighbors, but are not making it easy.
If they are parking on your land and it sounds like letting their horses on your land, could this situation be heading into adverse possession territory? That and potential exposure to liability resulting from them using your property would be my two biggest concerns.
Yes, we are concerned about adverse possession and liability! Not to mention it makes it much harder to enjoy that part of our property if we have to stop and open/close a gate every time we want to use it.
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