Don't read if you don't want to read a rant I'm venting

old · Sep 4, 2010

Neighbor problems. Guy owns the land that my moms driveway is on. One end has a gate which sucks in bad weather the other end has a cattle guard. Problem is his horses have gotten to the point they jump the cattle guard. Well guess what the guy had taught them to do it because in the past they got out in a number of other places and the cattle guard does not have a goat on one side of it like it should. Well now he has installed a gate across the cattle guard that my mom can not open. Says he will remove in in a few days after the horses learn they are not to go past it. Well you know what this it leading into and the problems ahead. Oh by the way the guy will not talk to me but he will call my mom who is 86 and can not do all that much and harass her. Oh well figure there is a fight coming soon.

Anonymous-0 · Sep 4, 2010

Better fixit before it festers. But, if it's his land, you better brush up on your people skills.

Need some pointers????????

paul · Sep 4, 2010

He lives in one of those fun areas, doesn't he - no rules, but everyone is mad at each other.

Hope it works out. Have to brush up on what the easement rules (if their is n easement...) are.

My county basically outlawed shared roads any more, no more new ones. They just create way too many problems.

--->Paul

ILLEFTY · Sep 4, 2010

You might check the law and see if he can block the ingress and egress on her drive. Had something similar happen to me at my first house and found that there was a law against blocking access to your prpoerty, but Missouri may be different then Illinois. Also check on laws because of her age.

LeonardWD45 · Sep 4, 2010

Old, as long as your mother has an easement for the driveway what the neighbor is doing is illegal. Hit him hard and fast to nip this in the bud and maybe he will learn a valuable lesson.

Leonard

Jimmy King · Sep 4, 2010

Old, my late Father in law had a forced road between two tracts of land. The only person that could put up a gate was my Father in law, because he owned the land at both ends of it and was the only person using it. Read up on the law, go to the libary and they will help you find the right books.

Dean · Sep 4, 2010

I agree with Leonard, Old.

If your mother has a written easement, your neighbor may not block it, unless provisions of the easement so permit.

If your mother has an easement by perscription (long term use), he still may not block it but your mother will likely need to go to court to legally establish (prove) the perscriptive easement before anyone will enforce it.

Dean

mite-help · Sep 4, 2010

I don't think the horses will forget that spot after gate is taken back down--neighbor had this problem, seems like he painted every other runner in the cattleguard with aluminum paint-did some other stripes to make it look wider than it really was with holes in it. nothing may work if too narrow-just might suggest something like this to neighbor & offer your help to break the tension---good luck

bill b va · Sep 4, 2010

could be a safety issue . fire and rescue impairment . what if your mother needs an ambulance ?

old · Sep 4, 2010

We do in fact have a deeded access ingress and ingress with a said access. This guy own land I cross and land my mom crosses to get in. Both deeds state we have a deeded access. Cattle guard was installed before the guy got the land and has been in place for over 20 years which grandfathers it in so again legal on our part. Ya figure it will be court time sooner or later and if so may have to hit him as hard as we can and then some

Mike Bock · Sep 4, 2010

fix the cattle guard so horses cant cross ,will be alot cheaper than lawyer feas if it has worked for 20 years keep it working

massey 333 · Sep 4, 2010

Well Old,if it is as you have written,he hasn't prevented you access,just made it not to your liking.Until he puts a lock or something like that and makes it so there is noway thru,you have little recourse and what good is the GOAT(your word) by the cattle guard anyway.It is his land and pays taxes upon and as long as he doesn't put locks on the gates preventing access,Maybe not nice but legal.Buy him out and then you won't have problems then.

james rumph · Sep 4, 2010

Here in Michigan it is called "egress" for land locked property.

The drive has to be big enough for a "school bus" to eneter and exit. It can not be blocked or locked by the property owner.

My parents almost bought property in Armada but the land had a egress road that had to stay to access the property behind.

The local Police dept will know the law on this.

Doug in Illinois · Sep 4, 2010

I understand the frustration. Maybe the best thing you can do is just "give in" to having two gates.

If they are hung right, it takes very little effort to open and close them.

Northern Tool has a "medium" duty opener listed for $349.99. Runs off automotive type battery, claims to handle gates up to 16 feet long and 550 lbs.

It is in the Farm + Acreage part of the catalog, if you have a 2010 summer catalog it is on page 58.

Hope all works out OK. DOUG

patsublett · Sep 4, 2010

Unlocked gates do not consitute a lack of ingress and egress. If he owns the property, he has a right to the gates as long as he does not put a lock on them or he can lock them as long as he gives your mother a key.

old · Sep 4, 2010

Ah but he has taught his horse how to jump the cattle guard by driving them across it many time so he is at fault for the cattle guard not working any more. Any cattle guard should have a gate next to it which this one did till he got the land then he remove that gate so again he caused the problem I and my mom did not. Oh and fe car/trucks can cross it and only an able body person can open the gate he installed

kyplowboy · Sep 4, 2010

Old, if I am read'n this right is the cattle gard on the property line? If it is could you rig up a good hot wire across it till the horses get broke to not cross it?

Just an idea. I learned the hard way two years ago that there is a big diffrence in neigbors and pricks up the road.

Good luck.

Dave

old · Sep 4, 2010

Ya I have been thinking about that one also and a way to put a hot wire or wires that hang down so as to make it so a car/truck could drove under but a horse would get a good zap but then because the guy has taught them to jump it who knows.

MarkB_MI · Sep 5, 2010

OK, so if you were in his place what would you do?

GordoSD · Sep 5, 2010

Find Mom a nice assisted living unit in town.

Gordo

old · Sep 5, 2010

Find you mom one and see how she likes it. My mom does not need one and I'll not send her to one help like this is not the type that is needed and should not even be posted

old · Sep 5, 2010

Well #1 stop driving the animals across it since it teaches them to jump it. #2 install a gate next to it and use that if and when the animals get out to teach them. #3 learn to do on to others as you would have them do on to you

massey 333 · Sep 5, 2010

You forgot #4 Beggers can not be Choosers.His land and his livestock.

old · Sep 5, 2010

Ah but our easement which is deeded and has been for more then 30 years. We did this in court in 1996 and won then and if we have to we will do it again and I know we will win again

massey 333 · Sep 5, 2010

To clarify myself,if the man has livestock that needs fenced in then he has the right to put a gate-gates up as long as they are not locked or such preventing you or your mother access even tho not to your liking.By your own wording,he hasn't done this yet.As a good will thing and with your vast Road building-Construction knowledge(BTDT) plus all your equipment,build him a proper cattle crossing like someone else suggested you could do it for the use of his land even tho you have or claim to have an easment.See what a good neighbor you could be.

Ryan - WI · Sep 5, 2010

I am a jerk at times so take that into account...

If you give me your address I will send you some good old Wisconsin cheese. You can have it with all that whine you already have.

I wish the problems in the world were only as big as figuring out a way to make it easier to open a gate, retrieving packages from the end of a driveway or filling out an extra form at the post office.

Are you ever inconvienced at all that doesn't prompt a throw yourself down, kicking, screaming fit?

P.S. Thanks fof the etiquette lessons Dave. They seem to be working.

old · Sep 5, 2010

Ah but see you do not see the big picture. The cattle guard that is there is in fact one the meets the Cattle mans association speck and meet all guide lines the problem is he pushes his animals over it so they in turn have learned to cross it. Also the Laws of this state do in fact state a gate has to be such that any body be they old or young can open it and this gate is not up to that. I know the laws in my area and know we is in in right so as I said you do not see the big picture here. Plus as per MO. law he has to do the up keep because it is his animals

massey 333 · Sep 6, 2010

No Ryan,Old has a post Quota number he has to make each week or else he doesn.t feel needed.

Ohiohillbilly · Sep 6, 2010

Sounds like he's being a turd knowing your mom is feeble. I'd just go buy a gate opener and be done with it. It sucks but probably better than starting a long term feud.

Don't read if you don't want to read a rant I'm venting

Well-known Member

Well-known Member

Well-known Member

Member

Member

Well-known Member

Well-known Member

Member

Member

Well-known Member

Member

Member

Member

Member

Member

Well-known Member

Well-known Member

Well-known Member

Well-known Member

Well-known Member

Well-known Member

Well-known Member

Member

Well-known Member

Member

Member

Well-known Member

Member

Member

Similar threads