Cattle gaurd on an easement

[flynsparky]

What is the name of your state (only U.S. law)? NM

I put a cattle guard in on an easement that crossed my property to keep the neighbors cows out. NM is a fence out state and so I installed a 10ft wide cattle guard about 3ft on my side of the property easement. The owner who uses the easement now is telling me that I can not put the cattle gaurd in. The neighbor also said that this easement was a public easement and that I can not fence a public easement. So I was wondering if any of that is true or is it my right to fence out the cows with out blocking their easement access.

 

[justalayman]

what is the easement for? Does the neighbor that is griping have cows? What is his problem with you installing the cattle guard?

 

[flynsparky]

Cattle Gaurd

The easement is to access his house. This neighbor does not but the nieghbor next to him does and my nieghbor doesn't want to fence his property to keep the cows off him. I don't know why he does not want the cattle gaurd put is putting up a fight none the less.

 

[justalayman]

If it does not affect the use of any dominant tenant (the guys the easement is conveyed to), then I cannot see any reason you would not be able to install the guard.

 

[JustAPal00]

If you own the property where the fence and cattle guard are located and they don't interfere with the expressed purpose of the easement, then you're fine. You need to find out exactly what the easement says and who it is for.

 

[drewguy]

my nieghbor doesn't want to fence his property to keep the cows off him.

That's not a basis for objecting to any burden you place on the easement. You are allowed to install a fence and a cattle guard unless it interferes with his (rightful I assume) use of the easement for its purpose.

His objection is not that you've interfered but that your fence means cattle will end up on his land instead of yours (I think that's what you've said he's saying).

 

[HomeGuru]

What is the name of your state (only U.S. law)? NM

I put a cattle guard in on an easement that crossed my property to keep the neighbors cows out. NM is a fence out state and so I installed a 10ft wide cattle guard about 3ft on my side of the property easement. The owner who uses the easement now is telling me that I can not put the cattle gaurd in. The neighbor also said that this easement was a public easement and that I can not fence a public easement. So I was wondering if any of that is true or is it my right to fence out the cows with out blocking their easement access.

**A: you need to read your recorded easement agreement. Generally, one can't fence in property covered by the easement.

 

[flynsparky]

cattle guard

Is there any law that would not allow me to fence what they are telling me is a public easement, or as long as i allow full access I can still fence my property.

 

[justalayman]

you are going to have to explain what you mean by a public easement and how it would apply here. A public easement is an easement open to use by the public at large. If your easement is granted to only owners of adjacent property or such, it is not a public easement.

 

[drewguy]

Is there any law that would not allow me to fence what they are telling me is a public easement, or as long as i allow full access I can still fence my property.

And what exactly you are fencing?

If you have a road going through your property, and that road is built pursuant to easement, you can put a fence along the easement or on either side of it. But obviously you can't put a fence across it so as to block its use.

So I'm assuming what you've done is put a fence along your property border up to the edge of the easement (perpendicular to it) then there's a gap in the fence for the easement, and then the fence continues. Is that right?

And, to "bridge" that gap you've installed a cattle guard across the easement, yes?

Because so long as that cattle guard isn't interfering with the use of the easement by whoever has rights to use it (the neighbor, the public) and you have a purpose for doing it other than interfering with those rights then you should be on solid ground.