Right Of Way Easement Trouble

[I Luv Herfrds]

A neighbor of ours has a right of way easment on our place. We have been having trouble with him in the last few years.
The right of way grants him, his heirs or predecessors the right to cross our land by use of roads and or trails.
I want to block him from the north road. He and his son have been using our place as their own private hunting preserve. They have made new trails through grass areas, hunting without premission, dumping trash and now telling us what we can do on our land.

We gave premission to a trapper friend to put trap sets out and the neighbor and his son shot the coyote he caught with a 30-06, wrecked the fur. Told the neighbor that he couldn't do that, we were told that their dogs would get trapped and they don't want that. They live 3 miles away. We were told that we can't have traps out. The friend left so not to cause problems.
We have a hunter that has been hunting our place for over 20 years, he is now type 2 diabetic and can't walk long distances, so we allow him to drive where ever he needs to, now the neighbor and his son are following the same tracks and making trails.

Now I talked to a lawyer yesterday. She told me to go ahead and post the trail they are making or they will try to get it as part of the easement. :shock: Now that is scarey.
Game warden has told me to spike it. Lawyer says I can do it.
Found out that if they keep this crap up we can take them to court and get a judge to remove the easement.
We put metal fence posts in this road to keep people out and it is just during hunting season. There is a gravel pit near this road that has a 50'-75' drop off we are worried that someone not knowing the area would drive right off into it making us liable.

Now we are taking pictures of all the crap they are doing, trash in the coulee and the tresspassing.
Now if I can catch them doing it it will strengthen our case to revoke the right of way.
Now just closing this road will not keep them from their property there is another road that they can use.

Any thoughts or other suggestions???? There is no place to hide a game camera.

 

[kolanuraven]

Different laws in different places...BUT...here in GA , if you let anyone use part of your property, be it a road or pasture, for a certain amt of time WITHOUT some type of extra paperwork/agreement, they ( the so called trespasser) can then claim it as theirs.


Yes ,you have an easement....but certain rules and regulations can and should be added to it sounds like instead of a open , general easement.

 

[the_jersey_lilly_2000]

Usually an easement is only granted if the people needing it are land locked. Also if they knowingly purchase land that is landlocked at the time of purchase and there is no easement in place. They are just out of luck. They can't make you give em an easement. If they aren't landlocked and can get to this property by another roadway. Id think it was time to remove the easement and get access to your property on their part taken away.

If you can't do that, Id fence the easement so they had to follow the path intended.

 

[I Luv Herfrds]

Lawyer said we would either have to buy the easment or get a Judge to order it removed.
I'm not going to pay that SOB a red cent.

The second road we own half of it. we are willing to let them use that, but this north road is causing problems.
We also use it for our farming. Asked the lawyer if I could just disc it up, she said no. Drat!
The biggest thing she told me is catch them tresspassing and charge them. Did catch the son once, but the Dad called and made some veiled threats, so I dropped the charges. The warden knows. I think that is why the warden told me to spike the road.
Got a bunch of pictures just from this years damage.
Found out that he has been going into the gravel pit and helping himself to the gravel there.
I guess the more I get on him the better the chance of getting him off.

 

[Triangle Bar]

Sounds like a real piece of work.

Can your county sheriff issue him a trespass warning? This wouldn't keep him from using his easement rights but would warn him if he was caught trespassing on your property he would be arrested for trespassing.

 

[I Luv Herfrds]

Not unless I actually catch them off the road or hunting without permission.

Got a couple of 2"x4"x8' that are going to look like a porcupine and hide in the grass. Going to see what I can catch this weekend. :wink:

 

[HAY MAKER]

I Luv Herfrds,I dont know montana law,maybe Old Timer will get in here,the last time i was involved in a deal like this,I fenced the easement and told everybody to stay on it,if i catch you off the easement you are tresspassing,call the sheriff ............no pictures needed.
good luck

 

[Anonymous]

I Luv Herfrds,I dont know montana law,maybe Old Timer will get in here,the last time i was involved in a deal like this,I fenced the easement and told everybody to stay on it,if i catch you off the easement you are tresspassing,call the sheriff ............no pictures needed.
good luck

Not much I can say without seeing the easement - knowing the total history of it- type of road (section line or if its ever been county maintained)...They vary so much- and are for different reasons...As a Sheriff, I'd be advising to see an attorney....

Sometimes if you get an attorney and just the filing or threat of filing of a court action will force the other party to get an attorney- and the opposing attorney's can reach an agreement without it going to any hearings or trials....

The spiking or booby trapping scares me- as someone can always end up being injured (or claim they are/were) and make you end up being the bad guy and liable...

 

[Cowpuncher]

Get some folks dressed in cammies and carrying assault rifles to visit your spread. Let the work out that a militia group is interested in buying you out due to easement problems.

 

[I Luv Herfrds]

OT here is the west road that we share an easement with our uncle. No problem here

Here is the corner on the west end where our property and the neighbors meet. His is on the left we are on the right. That is the north road right between.

This is the north road where we own both sides.

The "trespassing"trail this is where they are driving out on our place.

 

[Anonymous]

The "trespassing trail" definitely looks like something that they could be charged with if they can be caught in the act and/or proven doing it...Your other pictures to me look like a "section line" road which historically allows some access at times- depending how they have been treated in the past and recognized by the county fathers in the past... Like I said- it would take an attorney going over every word of the easement (and history) to decide what actions could/should be taken....

But it surprises me that any attorney would advise you to spike the road- or do anything that could lead to physical or property damages because of the liability that comes to be from the initial act- even if they are unintended....

 

[I Luv Herfrds]

They told me to spike the "trespass trail" and have it posted. The signs are going up tomorrow.
I did catch the son trespassing once, just trying to catch him again.

Will get some more pics tomorrow. Will show you the gravel pit. Too dark tonight.
Found tire tracks out near there several years ago and you could see where someone almost drove into the pit. :shock:
That is when we started putting up the posts in the road and explained it to the neighbor. They were very understanding then but now are being jerks.
That west road is actually a better road. The only reason they want the north road is it is 1 mile less to drive.
They were driving around the posts and into our winter wheat.
This is getting pretty tense OT. Unless I catch them there is not much I can do about them.
Makes me mad because I could be out hunting with my son instead of "babysitting" our property.

 

[I Luv Herfrds]

This is off of the county road and our north road is to my left. Can you see the gravel pit? Remember someone almost drove into it.

Gravel pit. I am facing south and the county road is now on my left.

Trespass trail goes right up to the neighbors fenceline.

This is where they were driving around our posts.

 

[sandhiller]

How about getting some of those game cameras and set them up where it is obvious in the picture where they are. Pictures should be fairly good evidence (but what do I know)

 

[I Luv Herfrds]

Not any place to put them.
Talked to our lawyer and was told that we can fence it off right up to the road and as long as we leave the road open for the easement, no problem.
Going to borrow a friends post pounder and get a couple of friends to help and we might get it done in a weekend.
Found more trails to the north along the neighbors fenceline.

I know the neighbor is not going to like it because he won't be able to fit his air seeder drills between the fence and our crop, as long as he doesn't drive into our wheat and barley there will be no problem. He has access to another wider road to get to his farm land.

 

[Denny]

Sounds like a whole much ado over nothing.Life's to short to worry about petty things.Can't we all just get along. :wink:

 

[I Luv Herfrds]

Denny there is nothing wrong with getting along.
But when you have a guy who steals from you, sprays your crop with a herbicide and also sprays your alfalfa twice and tells your FIL that he's going to own every piece of land in your family. Then treats your property as their own "private" hunting preserve.
Please let me know when I should get along with this guy, I would really like to know.

 

[Denny]

Denny there is nothing wrong with getting along.
But when you have a guy who steals from you, sprays your crop with a herbicide and also sprays your alfalfa twice and tells your FIL that he's going to own every piece of land in your family. Then treats your property as their own "private" hunting preserve.
Please let me know when I should get along with this guy, I would really like to know.

Around here the saying is (Good Fences Make Good Neighbors)

 

[I Luv Herfrds]

That's why we are putting up a fence.

 

[Denny]

That's why we are putting up a fence.

If it's a real problem person the gate would be very narrow and very sturdy.