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Neighbor crosses my hay meadow

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ruralguy

Junior Member
What is the name of your state (only U.S. law)? Nebraska

For several years my neighbor has been crossing one of our hay meadows (it's 80 acres), more than 60 years, because it was the only access to a patch of ground they had (it was surrounded by other people's property, no road access). In the mid to late '90s, we were getting a little fed up with it. It would rain, get very muddy, so when they would drive through with all their equipment, tractors, pickups, or ATVs or whatever depending on the time of year, if they would start to sink in, or get stuck, they would drive around the muddy area, move their road, which results in more tracks. When I would hay, if it was dry, it would leave very rough tracks, haying through it on every round was annoying. Anyway, after one day of watching more than 20 trips across the patch, and after finding out that we couldn't stop them from a local lawyer, at least what we were told, we attempted to get them to be a little more careful about it, which worked (after rejecting an idea by the neighbor to put gravel on their path). We said that they could cross, but go when it's not so muddy, and to follow the same path, they agreed to that, and the extra tracks mostly stopped. A couple years later he asked if we'd like them to mow a path for them to cross, and bale it, instead of just driving over/flattening the grass. Sounded like a good idea to us, they were driving through with all their tractors anyway and would only take a few minutes to do on their way through, what it amounts to is thick waste high or so grass, almost all flattened the width of a driveway, across the meadow, it's a big round bale or two of good hay, depending. They did that for about 5 years, maybe, at least, but I'm not exactly sure how long. In the meantime, within the last few years without us knowing anything about it, they bought some of the bordering land, they now have access roughly about 3/4 of a mile or a little more further down the trail that borders one side, they can get in there, and go around to their "surrounded" patch with no problem. In the meantime this year they did not mow their path, no discussion, they are just driving through it again, flattening the path. Other neighbors have gone by it and asked why we are driving through our meadow. I know it doesn't make any difference, probably, but I bought the land from my mother 5 years ago.

Is there anything at all a person can do with this, at all? I'm not trying to be a "jerk" about it with them, but I would at the very least like a little respect, and don't really feel like a person is getting much. If it would be me, I sure wouldn't be crossing if I knew it bothered the owner, but that's me.

Thanks.
 
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HuAi

Member
Send the neighbor a certified letter telling him you are revoking your permission to use the land for ingress and egress and put a gat across the access path that they use.
 

ruralguy

Junior Member
I just wondered if there would be some sort of grandfather's clause preventing me from doing that, or if it changed when we renegotiated the terms for how they cross, or when it changed ownership, or when they purchased the land, or unilaterally changed the last agreement.

Thanks.
 

seniorjudge

Senior Member
I just wondered if there would be some sort of grandfather's clause preventing me from doing that, or if it changed when we renegotiated the terms for how they cross, or when it changed ownership, or when they purchased the land, or unilaterally changed the last agreement.

Thanks.
Well...was there such a clause?
 

ruralguy

Junior Member
Not in anything we talked about, it was as I described. I just don't want to do anything wrong, I'm not a law scholar so I have no idea. I know with some things if people are allowed to do something/you let them do it for a certain amount of time, you can't change it, it gets a grandfather's clause. We tried to get them to stop prior to the agreement in the mid 90s, we couldn't stop them because of that, according to a local lawyer we spoke to, he said they had a right to get to their land, and we could not stop them from crossing ours, that's what he said. I just wondered if that changed, when we changed the agreements, with what they agreed to, with the chain of events, as I mentioned.
 
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ruralguy

Junior Member
Perhaps "grandfather clause", sorry if I used a term incorrectly that lawyer used when we talked with him over 10 years ago about the situation back then.
 
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seniorjudge

Senior Member
Send the neighbor a certified letter telling him you are revoking your permission to use the land for ingress and egress and put a gat across the access path that they use.
The poster says the neighbor is landlocked.

Your idea wouldn't work.

Poster: Get good legal help.
 

ruralguy

Junior Member
The poster says the neighbor is landlocked.

Your idea wouldn't work.

Poster: Get good legal help.
He WAS landlocked, he ISN'T anymore, as I mentioned in my first post. I don't know when it changed, he didn't tell us. There have been lawsuits around with people owning, not owning, using land that wasn't theirs, bunch of stuff I didn't want anything to do with suing, I thought I could just get an answer and be really sure it was right before I did anything. I won't be able to get to town to talk to a lawyer for a couple months, thought I could try this, if I knew for sure I had a legal answer, I don't know....
 

FarmerJ

Senior Member
If you must then find a new attorney, make sure the atty understands that they now own property adjacent to what used to be landlocked and no longer need your access so you want to gate and lock your entrance and have a letter done telling them they no longer have permission to cross your property. Do your self a favor and check with your county zoning desk to see if by chance they have legally combined the 2 parcels to make it into one.
 

ruralguy

Junior Member
Thanks. I don't like saying anything, let alone having to get a lawyer involved. I know just saying something will cause a problem, but "good grief" after a while....
 

FarmerJ

Senior Member
Having a atty do a letter for you is only just that . I know in a rural area you want to be able to work things out with your nieghbors due to simple fact that some times you need each others help BUT when enough is enough sometimes just the letter itself is enough that the person its sent to takes it seriously.
 

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