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03/23/10, 02:52 AM
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Join Date: Jan 2004
Location: MN
Posts: 7,609
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Quote:
Originally Posted by dheat
It's confusing. I'm not sure my "map" is going to help any.
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That is about the best character map I've seen, well done. It helps.
So, N3 put up the gate which is 1/2 on your property & 1/2 on N2's property?
You drive down roads 2 & 1 to access your property.
N1 also uses roads 2 & 1 for access to his property.
You don't have the use of, nor do you use, road 4, altho road 2 & 4 would connect if one wanted to drive that way.
A confusing part is you say N1 owns 1/2 of road 2 - but the up & down segment of road 2 should be shared by you & N2???? It doesn't border N1.... I think that vertical section should be road 1, not road 2?????
Do I have that all right?
If so, pretty clear N3 doesn't want others to drive on their road, messed up & put the gate on the wrong place. Shoulda put it on his property, or on the line, not on your & N2's property.
I'd talk nicely with N3, allow them some time to move the gate to where it belongs, or I would remove it myself & keep it. I would not allow it to remain over summer anyhow. It could set up a 'different' property line than what everyone else believes now.....
Could you mention which neighbor did the roadwork, and which numbered road it was? It might be there, but I forgot now.....
Wonderful map!
--->Paul
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03/23/10, 08:02 AM
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Join Date: Jul 2005
Posts: 295
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Paul,
no, N2 put up the gate, not N3. Otherwise, you've got it figured out.
Quote:
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A confusing part is you say N1 owns 1/2 of road 2...
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Confusing indeed: the legend is wrong. Road 2 is shared by N2 and myself. I'll correct the legend.
Unauthorized road "work" was done by N1 on road 3.
Thanks,
Doug
__________________
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03/23/10, 09:37 AM
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II Corinthians 5:7
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Join Date: Jul 2002
Location: Virginia
Posts: 8,125
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That map is clear as to where the boundaries and roads are located; however, it does not show what the terrain is like. Not knowing this limits ideas I might have. That being said, if it were my land locked up like that and dependant on the kindnesses of others to get to and from, I would better secure my entrance (or buy a helecopter). Since you already have an easement (in writing I think you said) to drive through "N2"'s acreage, that is where I would place my personal gate, making sure it was fully constructed on my own undisputed acreage. The rest of my acreage I would secure with embedded fencing right down the boundary line. (I see no reason why "N1", "N2" or "N3" would object to that.)
I am curious as to how "N3" managed to own the road between you and "N1". Seems to me you and "N1" might want to work together to secure an entrance/exit road to your respective properties.
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03/23/10, 10:33 AM
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Banned
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Join Date: Aug 2005
Location: IL, right smack dab in the middle
Posts: 6,787
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Well now the gate makes sense but the digging doesn't.
Gate guy blocked off his property on the cheep by using a little of your place. I wouldn't find that acceptable but you might. Depending on how much I wanted to get along with my neighbor I might offer to let him give me a gift of a post and gate. But Id probably ask him to remove it to his property.
IF the gate stayed on my property Id put it a car length in and add a bit of fence between it and the property line. , you have seen this done off a busy road Im sure .Its so that you can park on your property while you open the gate and would help insure that the gate doesn't become a property line.
As for the digging guy Id give him a call and say something like "Hey the wife and I were talking the other day and realized that where you were working was on us, what did you have in mind?
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03/23/10, 10:57 AM
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Join Date: Dec 2007
Location: Western North Carolina
Posts: 3,102
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Wow - thanks for the update! And I thought my road situation was confusing! We have a jumble of owners and right-of-ways and easements. I also have a neighbor who "works" on roads that are not his! It used to drive me crazy but I met him, talked about the roads and learned to gently steer him in the direction where we really needed road work and keep him off the roads where I did not want him. I was careful to stay friends with him - still am! -- since HE has a tractor and I do not! He is a valuable neighbor and friend now!
We have also put up gates in what would seem to be "odd" places and you are right, some of them block access to areas where it is easier to put up one gate rather than a whole line of fence. Two gates put up by a neighbor are actually on land of a 3rd fellow! They block access to land. The 3rd fellow got mad till he figured out that by blocking access on fellow #2's land, he would be protecting his land too.........it balanced out and he left the gates there.
I have a gate that seems to be "willy nilly" in the middle of a road! But, actually what looks like a road, is just my land that someone years before used as a road and I don't want anyone in that direction. I put up a nice gate, land scaped around it and now - it blocks access to that bit of land.
I like gates and I think gates are a good thing. Yes, they should have asked but maybe there is still a good reason to leave the gate there. Good luck and I hope it all works out.
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03/23/10, 12:14 PM
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Join Date: Dec 2009
Posts: 259
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The map helps tremendously. I agree with fantasymaker in that N2 was looking to restrict access to his property alone.
As you mentioned in an earlier post he used to have open reign of the property and is now trying to figure out boundaries with his new neighbors. I'd go have a chat and make sure he knows that the tree he used really is your property and let him know that you need access to the gate.
Good luck and thanks for keeping us updated.
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03/23/10, 01:56 PM
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aka avdpas77
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Join Date: Dec 2008
Location: central Missouri
Posts: 3,416
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Uh, if road 2 is owned by you and your neighbor, and neither of you plan to use the road to gain access to your property, why not just place a fence down the middle and let it grow up. That way it would never be a point of contention for anyone else...nor would it need to be maintained. The easement could be dissolved between the two of you. Just a thought. It would be one less access to your property that you would need to be concerned with.
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03/23/10, 03:47 PM
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Join Date: Jan 2004
Location: MN
Posts: 7,609
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Quote:
Originally Posted by dheat
Paul,
no, N2 put up the gate, not N3. Otherwise, you've got it figured out.
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Ok, makes sense. Very confusing set of roads and access situation, but makes sense.
So N2 doesn't want that road that you & he share to allow access onto N3's direction. I can understand that, and sounds like there is very little to no traffic there now.
I'd discuss it with N2, Myself I'm the one with the tree fetish so I'd be unhappy about the treatment my tree got, and I'd like to understand why things are appearing on my property. The intention probably isn't too bad really, I think your neighborhood could use less roads, but so long as it doesn't impead your property along the way.
I'm gonna guess N1 got confused on who owns what, and a friendly conversation might straighten that out with no harm done.
I gotta deal with trees growing up in the fenceline of the neighbor that doesn't appreciate me so much. The trees interrer with my crops and my farm equipment, and about 70% of the trees are on my side of his fence which is built on the property line. I don't want to mess with his 30% of the trees, only my 70%, but - just don't look forward to starting up any neighbor issues. So I understand your underlying frustration in this thread. I think. I have to leave a 4-6 foot piece of grass of my poperty because you just can't run farm equipment right up to a fence. Just how it is, but I lose property because of those 'on the line' property fences. Don't need to lose more crop to tree shade.
--->Paul
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03/31/10, 08:19 AM
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Join Date: Jul 2005
Posts: 295
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Update from OP
I finally spoke with the adjacent property owner (N2) last night--the one I was told erected the gate. I sent him a letter (I got his address from the county appraiser) introducing myself and asking him to call me about the gate. He called me last night.
He said he didn't know anything about the gate until he received my letter. That is, the gate isn't his and he doesn't know anything about it. He suggested the other adjacent land owner (N3) erected the gate. But it was N3 who told me N2 erected the gate. Assuming everyone is telling the truth, I still have no idea who put up the gate.
So, I'm going to remove the gate and am considering erecting it at the beginning of the road of which I am the sole owner (road 3) to keep N1 from "working" on it. Removing it and using it elsewhere will definitely send a message and might even get someone to fess up in an effort to get their gate back.
I'll let you know if I ever solve the mystery of the appearing gate.
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03/31/10, 08:22 AM
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Big Front Porch advocate
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Join Date: May 2002
Posts: 44,425
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dheat - good mystery you have going on there. Good luck on moving the gate, and having the gate knome show up to claim it...
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"Live your life, and forget your age." Norman Vincent Peale
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03/31/10, 09:36 AM
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Uber Tuber
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Join Date: Feb 2008
Location: Southern Taxifornia
Posts: 6,287
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When you have it in it's new home, you might want t set a game camera to watch it, to see who comes to mess with it.
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I yam what I yam and that's all what I yam.
Popeye
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03/31/10, 10:46 AM
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Registered User
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Join Date: Oct 2002
Posts: 3,143
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I would recommend that if you remove the gate you wait 2-3 weeks before putting it up somewhere else. Someone might jsut show up complaining <G>.
I had that happen with a tree stand on my property one time. Guy got all blustery when I asked what his ladder was doing attached to my tree on my posted property.
Just a thought.
Mike
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03/31/10, 11:40 AM
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Join Date: Jul 2005
Posts: 295
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Mike,
good idea about waiting.
Thanks,
Doug
__________________
Live and learn. Die and forget it all.
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04/01/10, 07:01 AM
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Join Date: Feb 2009
Location: WV
Posts: 3,268
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The name of this novel is “The Gate Keeper” LOL.
Chapter 22 coming soon.
All kidding aside, I have followed this saga and hope it turns out well for you.
You need to protect what is yours. Especially with what is coming. Living with neighbors is hard sometimes.
Best Regards
Dave
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04/01/10, 09:34 AM
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Farm lovin wife
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Join Date: Sep 2005
Location: Kansas
Posts: 3,236
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I don't know if this has been stated or what the laws are in your state, but I do know that if that man thinks that's his property and you allow the gate to stay, he can by possession, take that part. In other words, if I put a fence 10' inside my neighbors pasture and he doesn't say anything for like 7 years or something like that, then all that property that was his that is now on my side of the fence becomes legally mine by possession.
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"Be still sad heart, and cease repining. Behind the clouds, the sun is shining. Thy fate is the common fate of all. Into each life, a little rain must fall." -Longfellow
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