Do I have to give bad kids Acess:mad:

[laura2277]

Do I have to give bad kids Acess to easement just so they can play?

What is the name of your state? Florida
My Land borders a ST RD & has an easement to 200+ Acers behind us. We were unaware the easement was actualy on our property untill construction was underway so we were stuck. Most of the land around us is landlocked so this easement is by necessity for 2other owners who have used it for 40+ years. My new neighbor bought the lot across the road/ easement( thats on my survey as my property) 3 years ago.Their land has its own ST RD. access. My survey shows I own the Rd/easement & 5 feet beyond it,then the neghbors land starts & 10ft latter they have a fence. She put a sml walk through gate on her fence so her kids can access My property to play on this paved easement.I would not have a problem with this if they were good kids. These kids leave thier bikes, skateboards, ramps,ect. in the middle of the right of way so the 2 other owners have to stop and move it or dammage their vehicle when they run it over. For months I had to pick up broken glass becouse they puprously repeetedly broke bottles on the road. I have replaced 7 bike tires this year. They are physicaly violent to my children, and never monitered by an adult. I have tryed in the past to send them home, but the mother insists I do not have the right to keep them from accessing this part of my property. I have showed her the survey and she still insistes they can use this road like a public road for their entertainment. I need to know if I can stop their access to my property or are they entitled to use the easement. If the 2 owners who need this acess aggree can I hang a fence on my property line and have it gated at both ends so the other owners can still have access to the state rd?What is the name of your state?

 

[FarmerJ]

Invite the 2 property owners who have been using the easement over for coffee and tell them about wanting to fence it in and to add a gate at the end where it meets the city street. Its likely they may have had glass cost them tires too, Your certainly free to fence your property in and unless a local ord says other wise you can put the fence just inches into your side of the property line and then post NO tresspass signs and when this 3rd partys household attempts to use it call the police to report the tresspass. If the 3rd party doesnt like it TUFF let her try to take you to court and prove she is entitled to access your property. BTW you might as well go see a real estate atty and formalize the easement for the 2 behind you , it needs to be more than just ingress and egress, it should also cover maintanence issues and should or atleast could even include wording that would create limits on future subdivison of those lots so your road would not be overburdened. or giving them conditions where they agree that they would have to buy the strip from you in order so they can subdivide. Or even conditions where the use will expire such as should your city / county create roads where they could have there own access and no longer really need to cross your land. Go to the links up top and find a real estate atty to learn about creating a recorded easement so that way there can be no more hassles in the future about whom has rights to what. ( think about it, What if the loon next door someday bought one of the properties behind you with the intention of splitting it up to re sell , can you imagine the things she would tell the prospective buyers regarding use of this private road )

 

[laura2277]

Can I trespass them with out a fence?

Do I have to enclose my property in order to trespass the 3rd party? All of the property hers and mine are enclosed in cattle fencing with cattle gate at the end of the end of the easement that's on my property. Her yard was fenced long before she bought it in order to keep cattle off the easement and from getting onto the state road. So her fence separates her yard from the easement, but she does own about 10 feet beyond it. It seams kind of stupid to hang a fence on my property line while she has a fence inside hers, then leave the 10 foot of her land that's outside of her fence line unenclosed. We have cared for that 10 foot of property since we bought this place 8 years ago and even though she knows its her property she refuses to care for it. I even stopped caring for it for awhile to see if she would but she never did. I have continued to mow it for my children's safety. Is there something other than hanging my own fence that I could do to keep them off of my property.Or to trespass them when they don't stay off of the easement?