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easements and gates

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Barb Cockhill

Junior Member
What is the name of your state?What is the name of your state? Mont. Two years ago my neighbors at the lake fenced their entire property to keep everything out except the sun. We have not been friends at all, neither have we been at odds, just there. We had a home owners assoc. newly formed which allowed this and also allowed them to cut me off from the back of my property by putting the fence up. I requested that I be allowed to fence my lot to contain my dogs but because they have an easement across my land it was at first denied. The easement runs 20 feet inside my lot line and is 20 ft' wide. Therefore I would have lost 40' off the front of our lot and would be made to put the fence above the easement to accomodate the neighbors. I kept fighting for what i thought was right and was rebuffed until I mentioned to a Bureau or Reclamation person about putting gates on the easement which the home owners had previously denied. The BOR rep said there was no reason I could not fence the lot and put gates on it to allow them access. This was finally accepted by the home owners as they had no statement in writing against it in their homeowners guide.
I put in two 8' gates to allow access to their property and had the gates open onto their propery. Other than passage, which is all they have, I do not want them on our property beyond the 20' access. They have been constantly turning hinges and tampering with the gates allowing a large gap at the closing. They were told to stop by the homeowners group but have not. Recently they are now leaving the gates open all the time when they are there and I am not. There are signs posted to "keep gate closed" and they will not. If other neighbors come by they close the gates but the next door neighbors open them again and leave them that way.
This past summer they refiled with the homeowners without my knowledge,or being informed.claiming I denied them proper access to their property. Their driveway on that side is narrow because of their house but their access is adequate not great. It is not my fault that their property ends at that point. I have driven a truck through the gates and turned it directly to the garage door with no problem. I requested action by the homeowners assoc. in Aug. to demand that they tell them to leave the gates alone but was instead given in Sept. a new ruling by that board against me completed in June which stated I was impeding their entrance to the property. I was never even informed that this was reopened in June nor did I receive their decision on the complaint. The assoc. is demanding that the gates open toward my property to ease their access.
At no time did one of the home owner board members drive onto the property to check the access I provided them.
What do I do and is it ok that the neighbors adjust the hinges on the gates to suit them. These are on private property-mine. They are vandalizing my property.
Thanks for anything you can offer.
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