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Fence crossing an easement

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Nacer

Junior Member
Situation: My property is a rectangle in the "country" (i.e., no ordinances, etc. that control fencing location/type/height). I enter it via a gate on its west boundary line. My neighbor, who owns the property adjacent to my north property line, enters his property via my gate and 45 foot wide easement extending from my gate to his property along my west property line. I want to: 1) build a fence 8 inches inside my property line along my north property line and 2) put a 12 foot gate within the 45 foot easement to allow my neighbor to access his property. The 8 inch offset is to ensure it is on my property and to allow me to maintain the grass/weeds along the fence.

Question: Since it's not possible to install a 45 foot gate, can I install a 12 foot gate within that easement and fence the remaining 33 feet? The gate will be fastened closed in a way that will not impede my neighbor's access, though he will have to stop to open/close it.
 


aldaron

Member
What does your neighbor say about this so called gate? A good way to piss some one off is to put a kink in their everyday lives. Its an easement so your neighbor does have certain rights. Since its your idea maybe an automatic gate at your expense would be more receptive**************....
 

154NH773

Senior Member
enters his property via my gate
You indicated a gate already exists; is this the case? If it already exists, what's the problem? Although; it would be an additional burden on him if he would now have to open two gates instead of one.

If no gate exists, then you must come to an agreement with him. If he disagrees, only a court can tell you if a gate can be put there. Talk it out.
 

justalayman

Senior Member
just plan on moving the fence, at your expense, if the guy wants to take something over 12 feet wide through the easement.
 

justalayman

Senior Member
We have a 16' gate and it's big enough for a log truck, salt truck, 18-wheeler, and a small portable building to get through.
Ya, but if it was me and I wanted to be a jerk about it, I would haul something in really big about once a month just to screw with you.. The servient tenant cannot restrict the dominant tenant's use of the easement.

Question: Since it's not possible to install a 45 foot gate, can I install a 12 foot gate within that easement and fence the remaining 33 feet? The gate will be fastened closed in a way that will not impede my neighbor's access, though he will have to stop to open/close it.
and what happens if he doesn't close it? Unless you want to play doorman, I suspect the gate will be left open on a regular basis.
 

Nacer

Junior Member
Reply to Dolly09:

Want to be able to fence in livestock but not ready yet to put them on the property. However, to get ready for them, I want to put up the fence and set the gate posts. Will not install the gate till just before putting the livestock on the property. BTW: My property, and all the surrounding property, is used for agriculture. Will not be an issue to put cattle on the property.
 

Country Living

Senior Member
I'm just curious - is there a reason you're reluctant to discuss this with your neighbor? Does your easement contain any restrictions that would prevent you fencing and putting in a gate?
 

drewguy

Member
I'm assuming he wants to know his negotiating position.

As a general matter if you have a good reason for a gate it may be a reasonable burden on an easement. Livestock (since it's lawful) is probably a good reason (although you'll never know).

So the way to proceed and remove all doubt is tell the neighbor you are planning to graze some livestock and need to put up a fence and a gate along your border. Tell him you have the right, but wanted to make sure you don't impair his use of the easement. If he wants an automatic gate you can ask him to pay for the increased cost, but at least it saves you the hassle. If he objects to the whole idea then you have to decide whether to fight.
 

Kiawah

Senior Member
Why wouldn't you just put a cattle grate across the opening, wouldn't need a gate then. Cattle stays in, vehicles free to come and go.
 

Kiawah

Senior Member
Will not be an issue to put cattle on the property.
But goats will jump all over it.
Sorry, I didn't connect that goats might be cattle....perhaps that new breed of jumping cows? But I guess if OP is looking for justification to put up a gate for some other reason, they could use that excuse. However, will a goat jump a fence as well?

Cattle (colloquially cows) are the most common type of large domesticated ungulates. They are a prominent modern member of the subfamily Bovinae, are the most widespread species of the genus Bos, and are most commonly classified collectively as Bos primigenius. Cattle are raised as livestock for meat (beef and veal), as dairy animals for milk and other dairy products, and as draft animals (pulling carts, plows and the like). Other products include leather and dung for manure or fuel. In some countries, such as India, cattle are sacred. It is estimated that there are 1.3 billion cattle in the world today.[1] In 2009, cattle became the first livestock animal to have its genome mapped
 
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