Fences dont always make good neighbors... Pics at 11

[twentynine]

Nearest i can see the issue is not with the fence, right?

The issue is with the way the easement is being used, right?

 

[Camelot Farms]

Quote:
Right. The fence annoys me but I know that I have no rights in the matter. =/

The issue is definitely with the traipsing through my yard and setting up fishing camp

 

[Sonoran Silkies]

Here is an interesting anticle that I found eariler today. Note that the specifics are for Arizona, but a lot of the requirements are pretty similar from state to state with only details being different (such as Arizona's 10 years). http://stoopsazlaw.com/articles/land.html One thing they spoke of on easements is that having an easement is for a particular type of use/purpose, not for ALL uses/purposes. And an easement for one party does not mean that ALL parties have that easement. You may need to do the quiet title suit to get a court decision on the validity and extent of the easement.

There was also an article that was a bit less relevant about subdividing land. There are legal requirements that must be met. When the cranky neighbor subdivided her plat, was it legal? It is certainly worth investigating.

 

[4cats3kids1hubby2many]

Quote:
You need to consult a lawyer.....I agree...her 20+ feet of pond is attached to her land and she should not be coming on your property to get to it. Becareful, if they continue to use your property as a path to the pond or a path to their property or to whatever....over a period of sometime this automatically becomes yet another easement. You need to read through your easement and original contract and make sure that they are following the "rules" that were originally written up, as well as you following them. If you stocked the pond, unfortunately, you can not fence the fish to one side....I would really consider consulting a lawyer to protect yourself.

Another thing to think of is to read the specifics of the easement across your property....I am assuming it is an easement for ingress and egress (in and out) not for them to access any part of the property that they feel is a nice spot to have a family party.

edited to add some more content

 

[Sonoran Silkies]

If there are parcels that are not road accessible except via the easement, then ingress and egress are almost certainly the intent, but the use is not for EVERYONE, but only to those properties. The exact location and dimensions of the easement needs to be specified. The more I look at it, the more I think it was improperly subdivided. If properly subdivided, the county or state would likely have required access ROADS, not arbitrary easements.

 

[AmCanyonStables]

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I know - wait until one day when they are fishing in the am, and go have your coffee out there naked!

 

[secuono]

I would drain the pond somewhat, put up a divider and then drain THEIR side of the pond. Next, build a concrete waterproof wall. Then refill your side.
I am wondering if you can, when you see them coming, stand on your property with a shotgun and fire it into the sky when they cross over to your property.
You should call the cops on them trespassing. I would do it EVERY SINGLE TIME they walk on MY land.

 

[secuono]

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Yes, do this for sure!!

 

[Sonoran Silkies]

Just make sure that you have the defined easement; as best as I can tell there is nothing that specifies the width of the easement. If nothing is in writing, I guess you could make them play follow the leader as they WALK through a narrow easement walkway.

 

[Camelot Farms]

Quote:

One of the things that is nice about the easement is that it is as wide as it is ever going to be. If you look at one of the last pics, the one with the metal gate in it...you can see that on the left side is a fence for a pasture, (owned by yet another family member) and on the right is the pond. You dont want to veer off more than 8 inches on that side or you are gonna get wet.