RURAL GATE--Can they make me shut it?

[ifnotforgrace]

What is the name of your state? Alabama

We live in a rural area on a private road. Our Land is on the back
side of several other landowners. We are the only residents (The others are leasing farm, or hunting land or at least LIVE somewhere else. They have put up a gate on the main road. They have given us a key and demand the gate be shut. I want the gate left open at times--like during inclement weather and when I have vendors coming to deliver gas, make repairs etc. When the gate is locked at night I have no acess to FIRE, POLICE, or AMBULANCE service unless I am able to drive the 4 miles up the dirt road and open the gate for whomever. Can they make me sut it? They have wired me in (not out) and benn very "redneck" about the entire process.

They claim the reason that they want it shut is because "rogue" hunters will come and kill "their" deer. Can I make them remove the gate? It is remote control and when the power goes out (which it does on a regular basis)It's a mess to open manualy. All the non-resident land owners support the gate being there. Only 1-2 of the so called hunters and fisherman are the real problem, but the whole parcel involves many people. The road is private. Help!

 

[TxMouse]

Have you suggested a gate closer?

I'm not a lawyer, but I can understand why they would want a locked gate. Our neighbor has exotic animals on land that backs up to ours, and I know there are poachers around. You may want to ask if you can put an automatic gate closer on it. This would make things easier for them as well, and ensure that the gate stays closed.
We have because we keep donkeys, and it is nice when the rain is coming down. Also keeps curious (read: stupid) people from wandering down your road.

Good luck!

 

[seniorjudge]

ifnotforgrace, do you have an easement on this road?

If so, what does it say exactly?

By the way, their actions are not at all unusual for rural property. I can understand their viewpoint (as well as yours).

 

[ifnotforgrace]

an easement of necessity-standard form.

I understand why they want the gate shut too--PS it Is an automatic gate NOW (that took 4-years of redneck fueding to get em to do that). BUT no 911 service is hard to tolerate-had a field hand have a heart attack in the field once lucky he's alive.

Another point is that all of them but one has a private gate that prevents direct access to any of their barns, camping areas or lakes.
Only the area directly off the road is affected--(thru traffic). We maintain the entire road (scraping, potholes and litter). No one but us has animals/livestock other than "their deer". Their main objection is someone taking out a trophy buck. PS We let a few people hunt for free whereas they all pay $3000.00 a year for hunting club dues. The people we alow to hunt (to thin the heard for meat) only hunt our acerage. But the over the season deer flee and migrate toward the river which gives our crew the best shot at the bucks. To me.. it seems they are putting sport above human needs which I think is silly, but what can I do to legally have the gate open when I desire--such as in bad weather or when I am expecting vendors/service people?

I have considered moving my mailbox (hubby has some legal disabilities) or buying a "business license" for growing Christmas Trees or something so I can have it open to the "public". any thoughts?

 

[Nippy]

OK, I'm no lawyer....

...and alot of my advice is 'common sense' plus (too much) life experience, so your mileage may vary, as they say.

First, you might want to more thoroughly understand/explore exactly what the type of easement you have and what the legal rights are under them. It sounds to me as if your neighbors are under the assumption that they have the right (entitlement?) to put up a gate. Find out if that's so, call the Planning and Zoning commisssion in your town, they should be able to tell you what type of easement you've got and what they can do. If it is not legal to restrict access (as they have done), file a complaint with the town and they will investigate and if they find a violation of town ordinances they can pressure them to take it down. You might have a better case, btw, because your husband has a disability (the gate might pose a violation of the Americans with Disabilities Act, or, barring that, just common sense that it poses an undue burden on a handicapped person, or prevents the access of emergency vehicles, something that might be more probable with a person with a disability.

Good luck, and although I'd like to agree with you that the 'logic' your neighbors are using in justifying their behavior is the result of excessive sunexposure to the back of the neck, methinks that simple selfishness and arrogance are the more probable explaination. And that is unfortunately not limitied to any region of our planet.

Oh, and as a P.S., unless they actually stocked the property with 'prize bucks', they do not actually own the livestock on the land, so the justification for 'locking' out errant hunters isn't legal.

 

[ifnotforgrace]

methinks that simple selfishness and arrogance are the more probable explaination. And that is unfortunately not limitied to any region of our planet.

I could not agree more, and I know they don't own the deer, but they think they do--that was a verbatim quote.

So far I have had no luck finding the "planning and zoning" people, the only ones I could find are the city and they do not get invovled with the county nor did the "helpful" person I spoke w/know who I should contact in the county. I have not even been able to find the actual landowner yet, they all know her by her maiden name..I have alot of digging to do, but that's ok I will endeavor to perservere.

 

[FlyingRon]

As for getting the fire/ems into the gate: Knox Box.

 

[TheGeekess]

I could not agree more, and I know they don't own the deer, but they think they do--that was a verbatim quote.

So far I have had no luck finding the "planning and zoning" people, the only ones I could find are the city and they do not get invovled with the county nor did the "helpful" person I spoke w/know who I should contact in the county. I have not even been able to find the actual landowner yet, they all know her by her maiden name..I have alot of digging to do, but that's ok I will endeavor to perservere.

Have you tried calling the local game warden? He might know who owns that land. And let the gate keepers know that they need to put in a back-up power supply for their electronic gate (batteries). They should be able to get one from who-ever they hired to put that gate in.

 

[justalayman]

so, the folks that put up the gate; what legal right to use the lane do they have and do they claim the owner allowed them to install the gate?

 

[ifnotforgrace]

They guys who put up the gate are millionaire/billionaire wantabe hunters who lease 1135 acres from a group of landowners and a couple of other landowners who like the "added security" an EXTRA gate gives them.

That's one of the problems--we are viewed as "white trash" who "give away" hunting and fishing rights to "undesirables" (a total of 4 sharecroppers and field hands-who can't aford the 3K annual hunting dues). It boils down to they want a "private club". Most of em spend the weekend drinking liquor and escaping their "nagging wives" and then get up too late for the migratory paths of the deer on Sunday am to get the trophy bucks. But now let em have a down home bar-b-q party and watch em leave the gate open for convenience..

PS. The game warden won't come when you call him--he did make a call when I complained about em shooting across the road AT NIGHT. PS That's another advantage--They have a hard time getting in as well. It takes a tractor to come through the mud at the fence line breaks at the entry points during hunting season. Four wheelers are hard pressed to cross the creeks etc.

 

[TheGeekess]

You might be able to find out who owns it via the tax records. Blount County has that information online (that's about all Blount Co. has online ), and I'll bet your county does too. You should be able to find it with the address.

 

[justalayman]

They guys who put up the gate are millionaire/billionaire wantabe hunters who lease 1135 acres from a group of landowners and a couple of other landowners who like the "added security" an EXTRA gate gives them.

So, do they even have the legal right to be controlling this property? Since it isn;t theirs (at least by your statements), either they have legal support for being there and installing the gate or they cannot do what they have. They will have to have permission from the landowner to prove what they did is legal.


land title records are generally kept by a county office. Different names in different states. many use the name "register (or registrar) of deeds".

 

[ifnotforgrace]

I have no doubt they have the landowner's permission. I just don't know that they are in violation of a law because they grant ME access (at least in theory).

It's the police, fire, ambulance etc that have limited access. They
installed a combination lock box on the outside entrance of the gate that has a remote in it. Their position is "if you need a service when you call just give whoever the combination and they can stop get out of their vehicle enter the combination and get a remote which will open the gate" Now that's ok on a pretty sunny day for the plumber--for for an ambulance at night that's another ballgame.

 

[justalayman]

then go back to post #7.

Contact your fire department and police agency and ask them how to go about installing a knox box.

 

[ifnotforgrace]

Good Idea, Thanks! There may be something in old southern law governing Lock boxes, they are quite common in rural areas.