There is a gate in the fence on the back side of my property, this gate leads to the pasture behind my house which I do not own. It is NOT an easement, nor has it been for the 4 years we have been living here. Late last winter (maybe early spring, it was damp) some morons working on the power lines back there decided they could drive through my lawn to get to it thus leaving nice ruts in my lawn. I contacted the company and the owner assured me they would be fixed. The foreman stopped by and promised to fix it.
Mowed back there for the first time this year and found they must have used river sand to fill the ruts because all that was left were, well rocks and sand.
They are repaving our road this summer thank goodness but Monday while I was home sick I saw a Polaris Ranger exiting my driveway. Upon further inspection today I found the marks leading from this gate in question.
I do not want to permanently remove this gate since I use it from time to time with permission from the landowner of course. So tomorrow I am heading to the hardware store to stock up on "No Trespassing" signs and a good padlock and chain. I plan on posting numerous signs and maybe a few home-made ones declaring how I feel about the 2nd Amendment.
The whole situation has got me stewing, doesn't anybody have the common decency to simply ask permission??
Sorry, rant over.
[This message has been edited by fastblack (edited 05-03-2011).]
When I was a kid, I walked and biked straight through yards all of the time. I never noticed how much of a PITA I was being until I got a little older.
I don't understand why any adult would think it was appropriate to drive through someone else's driveway, through the yard, and through the gate to get to another property. Maybe when I was 12, but never as an adult. I would think people would know better... apparently not.
I found that 2X12's with really long nails driven through them work wonders for keeping people off my grass.
And I have became that "get off my grass" guy. I don't care, it's mine.
Brad
Although a very effective detrrent, if someone steps on the nails, you could get your rear in a sling for having a booby trap. I'd just go with a chain and lock on the fence along with a sign that this is private property.
IP: Logged
07:37 AM
blackrams Member
Posts: 32982 From: Covington, TN, USA Registered: Feb 2003
Not sure about where you are, but if a power company has lines that go through your property, they have an easement.(Or right of way.) Written or not. At least that is how it works up here.
Now I hate people who damage personal property but if that is the case, above then all you can do is make them fix it. You can’t stop them from coming and going through your property. The reason is if they need to do maintenance they have to be able to get there.
Don’t booby trap anything, you may end up in some serious crap if that is true above.
Just keep on them about fixing any damage, they are liable.
Steve
[This message has been edited by 84fiero123 (edited 05-04-2011).]
IP: Logged
08:38 AM
cliffw Member
Posts: 37753 From: Bandera, Texas, USA Registered: Jun 2003
Originally posted by 84fiero123: Not sure about where you are, but if a power company has lines that go through your property, they have an easement.(Or right of way.) Written or not. At least that is how it works up here.
An easement is a certain piece of property, which does not cut across private property. Usually it runs alongside many pieces of property with only one access point. One also would not pay taxes on that access.
quote
Originally posted by blackrams: If that's the definition of grumpy, then I've been that way since the age of 3. Maybe even earlier.
Ah, about the same time you got old, .
IP: Logged
08:47 AM
84fiero123 Member
Posts: 29950 From: farmington, maine usa Registered: Oct 2004
You can put a lock on the gate but the power company must have a key, and in an emergency if they have to get through and you ain’t there then they will get through. Bolt cutters or just drive one of those big trucks right through.
Another thing is if the power from that line goes to someone who have a medical problem. You could be liable if they have a seizure, heart attack, iron lung, or other life saving appliance. That needs power and the power is out.
Now private people have no right to go through that gate, and they can be stopped by you. But beware.
quote
Originally posted by cliffw:
An easement is a certain piece of property, which does not cut across private property. Usually it runs alongside many pieces of property with only one access point. One also would not pay taxes on that access.
.
I used the wrong wording, I fixed that now. Right of way. Steve
------------------ Technology is great when it works, and one big pain in the ass when it doesn't.
Detroit iron rules all the rest are just toys.
[This message has been edited by 84fiero123 (edited 05-04-2011).]
IP: Logged
09:00 AM
rogergarrison Member
Posts: 49601 From: A Western Caribbean Island/ Columbus, Ohio Registered: Apr 99
If these are utility or government vehicles, sometimes your property becomes a right of way for access to something (sewers, gas lines, power lines) and you cant restrict it.
I would fence off the gate permanently and they will find another way around. If there private entities, take them to court for damages. Signs wont hurt and so would a bad dog like a doberman or Shepard.
Local power distribution company, ONCOR, has lines running along about 500' of my property. They came out and butchered the trees along that fence line, left garbage in the form of water bottles and food wrappers strewn across my yard as well as tree limb debris scattered to hell and gone. Never bothered to even let me know they were coming, much less involve me in the trimming decisions. Several of the trees were cut back so severely that they're dead or dying now less than a year later. I would have asked them to remove the whole tree on the ones they needed to cut back so much, would have had no problem with that. My attempts to get ONCOR to fix their mess or deal with the dead/dying trees have been stonewalled, so I'm looking at coming up with about $4,000 to pay for removing the one-branch stumps they left behind. Does that make me grumpy? You betcha.
IP: Logged
11:08 AM
PFF
System Bot
84fiero123 Member
Posts: 29950 From: farmington, maine usa Registered: Oct 2004
Even if utilities or government have legal access they have to fix any damage. Hard to go up against the big machine but fortunately for us news outlets love these kinds of things. Contact your local papers or tv stations. Can't hurt.
IP: Logged
12:07 PM
cliffw Member
Posts: 37753 From: Bandera, Texas, USA Registered: Jun 2003
Originally posted by JazzMan: They came out and butchered the trees along that fence line, left garbage in the form of water bottles and food wrappers strewn across my yard as well as tree limb debris scattered to hell and gone. Never bothered to even let me know they were coming, much less involve me in the trimming decisions. Several of the trees were cut back so severely that they're dead or dying now less than a year later. I would have asked them to remove the whole tree on the ones they needed to cut back so much, would have had no problem with that. My attempts to get ONCOR to fix their mess or deal with the dead/dying trees have been stonewalled, so I'm looking at coming up with about $4,000 to pay for removing the one-branch stumps they left behind.
Too bad you don't like to talk politics. You could call your local politician.
IP: Logged
12:15 PM
Cheever3000 Member
Posts: 12400 From: The Man from Tallahassee Registered: Aug 2001
That's pretty bad. Got pics? I like what you said you're going to do. Also, can you afford surveillance cameras? You may one day need to prove what happens and who did it. And on that subject, you could put something on your signs about being on camera, even if they aren't. They will think twice.
IP: Logged
05:15 PM
fastblack Member
Posts: 3696 From: Riceville, IA Registered: Nov 2003
I've got some pics on my phone from when it happened, doesn't look as bad since there is snow. Maybe I'll snap some tomorrow.
Just to clear up some things I may have missed: I live out in the country. The power lines are not in any way on (or even near) my property, heck, it's not even MY power company's lines. The company that drove through my yard was actually a private contractor hired by the power company. And the "easement" that the power company is allowed is on the actual landowner's property.
So to move on I'm planning on putting up a couple of old trail camera's that I am not using, if they are hardly ever snapping pics, the batteries should last for a long time. The gate in question technically "doesn't exist" anymore, the landowner and myself decided to keep it there for convenience. I've only used it maybe a couple times and to my knowledge he has never used it. He does have cattle back there and that gate never seems to get chained back up, I'm waiting for the day I come home to fresh cow pies all over my yard.
On top of everything, we had our septic system back up about a month ago, I suspected the power company's contractors may have been to blame for some sort of collapse (old system). We had the plumbers come out and water jet the outtake and everything was good. Though yesterday I notice water seeping up through the ground near where they had driven. I think the got lucky because like I said, it's near where they were driving and not directly under it.