orchardist
Junior Member
What is the name of your state? NM
This is my first inquiry. I first found this site 3 days ago.
I have about 800' of 30-foot-wide easement through three other people's property for ingress/egress, utilities and irrigation ditch. There are more complicated squabbles over this than you can shake a stick at - stemming from two basic principles of NM law. #1: it's a "fence out" state for cows, and #2, as the old saying goes: "Whiskey is for drinking & water is for fighting".
At a certain point along the drive, I installed a cattle guard. It was needed, though other ownership in the area has changed and it is less important now. Meanwhile, the owners of the property ("servient estate") where the cattle guard is located are divorcing and plan to split their property, requiring some changes in driveways (also in culverts & ditches). She told me she wanted to move the cattle guard - out of my easement, to a location that will benefit her. I thought about, decided I was willing to consider the change, and made an offer of a suitable trade. (General enough to allow plenty of room for negotiation.)
Her response: "It's on my property. It's already mine. Sorry if you don't like it. You obviously don't understand the law regarding easements."
She's kind of a new-agey, peace activist, artist type; she believes what she's saying, though none of the research I've done online seems to support her ideas. Common sense says that this interpretation of ownership would lead to endless conflict and chaos.
To deal with it for starters, there needs to be a letter: My options are to write it myself (certified RRR), or get an attorney to write her. Can't decide, and still thinking about what to say. (I'm pretty set on, "Don't get me wrong, I like you. Just not enough to give you a $1,000 gift.") Because there's been a number of other, smaller quibbles, I've resolved that I need to stand up on this one, as a precedent that will set the tone for other issues for years to come.
Comments & suggestions welcome.
This is my first inquiry. I first found this site 3 days ago.
I have about 800' of 30-foot-wide easement through three other people's property for ingress/egress, utilities and irrigation ditch. There are more complicated squabbles over this than you can shake a stick at - stemming from two basic principles of NM law. #1: it's a "fence out" state for cows, and #2, as the old saying goes: "Whiskey is for drinking & water is for fighting".
At a certain point along the drive, I installed a cattle guard. It was needed, though other ownership in the area has changed and it is less important now. Meanwhile, the owners of the property ("servient estate") where the cattle guard is located are divorcing and plan to split their property, requiring some changes in driveways (also in culverts & ditches). She told me she wanted to move the cattle guard - out of my easement, to a location that will benefit her. I thought about, decided I was willing to consider the change, and made an offer of a suitable trade. (General enough to allow plenty of room for negotiation.)
Her response: "It's on my property. It's already mine. Sorry if you don't like it. You obviously don't understand the law regarding easements."
She's kind of a new-agey, peace activist, artist type; she believes what she's saying, though none of the research I've done online seems to support her ideas. Common sense says that this interpretation of ownership would lead to endless conflict and chaos.
To deal with it for starters, there needs to be a letter: My options are to write it myself (certified RRR), or get an attorney to write her. Can't decide, and still thinking about what to say. (I'm pretty set on, "Don't get me wrong, I like you. Just not enough to give you a $1,000 gift.") Because there's been a number of other, smaller quibbles, I've resolved that I need to stand up on this one, as a precedent that will set the tone for other issues for years to come.
Comments & suggestions welcome.
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