Frustrated with Neighbors

I want to make sure I understand what we're talking about.

The "County Easement" is the road easement - I think ours is something like 20' from center of the road. Here, it's so the Road Commission can plow snow over, and they "maintain" it by using the ginormous drop down brush hogs that waylay anything that's 10' from the edge of the road - they like to try and "mow" the trees that reach. It's interested to watch. It's also where our "gully" is. Some folks try to plant stuff there, but Road Commission usually waylays that stuff too. As far as I know it's fairly public access - people snowmobile on ours, though they usually run quads on the road (dirt road, low traffic). There isn't much we do about it, since there isn't much TO do with it - Road Commission thwarts any attempt at making it "nice". We usually end up just spraying roundup on it to keep the weeds down, nothing will grow there. If someone wants to walk or ride or whatever on it, I really don't care, as long as they aren't being reckless. Of course, this winter, the garbage truck got stuck in the easement (missed the road), so I'll probably fix the ruts he made since it's kinda ugly.

Other easements, like utility easements, are for the use of the utility companies. On our tree farm property, the power lines run about 1/2 mile in, and there is open access at the road for them to enter at will. Unfortunately, tresspassers use this as well, though it's posted. We are thinking about fencing and gating, with a double lock - a lock for us, and a lock for the utility. The utility company also has a lock on our main gate so they can access the meter (again 1/2 mile in the property). I'd have to refresh my memory with DH, but powerline easements are usually 10' from center, but they do not maintain those other than what is needed to maintain the power lines. They can however remove fencing or whatnot if it blocks access. You also can't build using power poles, those "belong" to the utility. DH gets a lot of grief daily over people who plant trees in the utility easement - he has to trim or cut them down. So, don't plant trees in your utility easement
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They will be trimmed or cut down.

Private easements like what our "back" neighbor are sometimes maintained by the owner, but we maintain it with our side neighbor. Our back neighbor is a bit nuts about worrying we will "take" his easement, so about once a month, he tools down in the Mule and goes on by. We don't care, because we use it to drive and access the back and sides of our property. It's 20' feet wide, and the side neighbor has lined his side with trees, and we are working on lining our side. We just take turns mowing it to keep it nice. The back neighbor keeps it as access to his property behind us. We only have an interest in maintaining it so that it provides us easy access along our property line. If he wants to go by a 2mph, that's fine with us.

Now, as for quad running, if they are being unsafe or somehow a legal nuisance, then I would report that over the easement use. We have a kid down the road who likes to run his dirt bike up and down the road, and has made the big mistake of gassing it while spinning around in the road, and shot rocks all over our yard and even hit the house. He's tried to play chicken with me when I'm driving down the road. I've spoken with the police, and they will confront him about reckless driving or whatever it's called, if I call them after it happens. He's not done it since, but he's had enough chances.

If it is really important, I'd just tap some T posts down and run visible twine along your edge of the easement, and post No Trespassing. You can't disallow use of the easement, but you can stop folks from entering your property from it.
 
Rammy, I'm so sorry you have to deal with neighbors like this, but something just doesn't sound right about what you were told about the easement and I'd do a little further checking on that. It's obvious if you spoke with them once in the past and nothing changed, it's unlikely to change if you approach them again. Sadly it seems there are people in this world who think they have a God given right to do as they please regardless of who they bother or the harm they do.
 
Wow, this really stinks! Have you showed the neighbor 'mom' the photos? Maybe she's one of those "my kids wouldn't do that because I told them not to" types. Maybe a little bit of proof would help! Also, you can file for property damage is you have pics of him cutting down your flowers? It's small claims court, and they'll have to pay for full sized plants, not tiny seedlings. Maybe that would be enough to stop these antics.
Keep us updated....I'm very interested in the outcome!
 
I used to board my horses before we got our farm... We'd go for rides down a dirt road. This was a public road not private in any possible way what so ever. One day the tennant who was renting a farm house along the road came out and started yelling at us for riding past his house!! He said we weren't allowed and that we never pick up the horse poop when we do. At the time I was on my Belgian who is 19 hands, 2500 pounds. Long story short, on the way back up past this house my horse took a nice big poop directly in front of the guys house
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I never cleaned that one up either
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there are ways, you've just gotta have the timing just right, or be creative in a non-harmful way
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I would get the property lines shown by a professional then put up wire along the easement on your property side that way no one will be on your property and then you can not be liable if the county owns it. I would also bill the county if you are maintain that piece of property. I do not see how you could get sued for injuries if you can not tell them to stay off of it. I think someone has their information wrong. I would put up some kind of fence on your side that should protect you from lawsuits. So sorry you are having this problem.
 
I have talked to two attorneys and they both say that I do not legally own that property, it belongs to the county. I cannot legally put up anything to block them from accessing running up and down that section with thier four wheelers. If I put up anything they can come and take it down. Even if I do, they will just run up and down in front of my house and run along that easement when Im not home.

Yes, the mother knows they are doing it.

If I put up anything, they can complain and have it removed and I will be billed for the removal. If anyone gets injured, I can be sued for putting up a structure or fence that caused injury to someone else and they can also sue the county. I wouldnt put them past doing that. The mother is hard up for money.

I have considered digging a big trench along there about three feet deep. It wont block access but it will be a bleep to try to run a four wheeler across it<eg> Its rained this weekend too so it will make it easy.
I am also considering just doing the tposts. With a ten mile electric fencer. <eg>
I still like the my getting a four wheeler and running up and down thier side of the easement. Bet that wouldnt make them happy. They would stop me and complain, and I would say, but its the county easement, anyone can ride on it. You ride on mine, so I guess that means I can ride on yours?<innocent look>
But my Mom says Im just opening a can of worms. Call me a doormat.


Rammy
 
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I don't know Rammy, this whole situation sucks. The only thing I can think of is kind of what you just wrote, dig a ditch or make it somehow not conducive for them to want to ride the ATV's on it. What a predicament. The guy behind me owns 30 acres, and while it's his land, he lets me walk out there on nature walks, etc. I can't imagine having this kind of situation, it must be so stressful for you. I wish I knew what to say....
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Oh, I'll figure something out Laura. I WILL not let this just go. Ive had enough of thier immaturity. There are legal means to do what is right. Ive gone by the book. They are just bullies. Im seriously thinking of just doing the tposts, getting the No Trespassing signs up, and making myself a nuisance to the sheriffs deparment. What goes around comes around, you know. Thanks for everyones support. I will keep you all posted on the outcome.
I also plan on calling another attorney and ask him about it. I think I will also look up the legalities online concerning easements and property law. I might even stop by my surveyors and ask him. He should know something on this also.

Love ya all!!
<two posts away from upgrading>


Rammy
 

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