[Heineken]

I own timberland that is located one mile off a Virginia state road. Access is via a deeded right-of-way across a dairy farm.

During the period when I viewed and then purchased the land, the farmer (who owned the timberland in question) had a single electric fence crossing the right-of-way road. I saw no real problem in this, although it meant having to stop my truck, get out, unhook the wire, drive through, get out again, rehook the wire, and get back in and drive on.

Over this summer he's added three more electric fences at various points along my right-of-way, making a total of four. They aren't always all hooked up, but most times I have to hook and unhook three of them when coming to and leaving my property.

Is it legal for someone to block a deeded right-of-way in this manner? One wire fence seemed reasonable and I was prepared to cooperate with it indefinitely, but four?? Also, it seems dishonest of him to put up (or put BACK UP, more likely) the fences AFTER he sold the land.

I want to cooperate, but this is pushing my limits.

Thoughts? Advice? Thanks!

[SpringCreekFarm]

It is my instinct that he cannot do this to you legally but I'm no lawyer. I know that if I needed frequent access, I'd offer to help him build an alternative arrangement if that is possible.

Why does he cross your right of way? Is much of his land lost by fencing up to and around leaving your right of way as a drive? Know what I mean? What are the dimensions of this right of way?

Honestly I cannot see how he could get away with legally doing this. Its a tough can of worms to open. I'm sure you'll handle it well Heineken.

[dunewalker]

Yes, can you give us a description or diagram of what these 4 fences do and the relationship of your piece of land to his, then we can process your application for advice, sir...

[Heineken]

It's a 40-foot-wide right-of-way, SCF and Dune. Just a winding, gravel-and-dirt road, passing all the way through his long, narrow farm to my 50-acre patch at the back. (It runs approximately through the middle of his land, bisecting it longitudinally.) The deed says the right-of-way is "nonexclusive," meaning I guess that any authorized person can use it. This would include the farmer, the local hunt club that leases his land (and that I allow to hunt my land for free), the county forester, the owners of other timberland back there, logging trucks, etc.

To me the proper use of a right-of-way is for passage, transit. You can't block it with a gate or a wire unless there's some sort of agreement among the parties involved. That's my interpretation, but I'm not a lawyer either.

I camp out and work on the place once or twice a month. No more frequently than that. I can live with this, but it's quite inconvenient, especially when it's raining and muddy.

[dunewalker]

What do the fences keep in or out? Livestock of some sort, presumably. What if you just left the additional fences open when transiting, other than the original one? Are the gates posted "Keep Gate Closed"? This will of course invite confrontation, probably not the best approach. Better to initiate contact with him on this matter so you are prepared with your best case, rather than reacting to his anger. I'm sure he's aware of what he's doing to you, unless he never sees you coming or going & doesn't realize you even use the ROW. It could be a form of passive/aggressive behavior on his part, resenting your intrusion. In that case he needs to be gently reminded of the large amount of money that changed hands. He can't expect to sell the land and keep it too, but that seems to often be the case unfortunately.

[dunewalker]

Heineken, I found a "Free Advice" site that addresses this issue: Free Legal Advice regarding gating easements

It seems that the landowner can legally gate the non-exclusive easement as long as it doesn't actually lock you out. So this has to be worked out between the two of you to mutual satisfaction. You'll need this guy on your side after the crash...

[ColonProwell]

Dont tick him off. When power goes down you will have lots of cows to eat.

[Heineken]

$this->bbcode_second_pass_quote('dunewalker', 'W')hat do the fences keep in or out? Livestock of some sort, presumably. What if you just left the additional fences open when transiting, other than the original one? Are the gates posted "Keep Gate Closed"? This will of course invite confrontation, probably not the best approach. Better to initiate contact with him on this matter so you are prepared with your best case, rather than reacting to his anger. I'm sure he's aware of what he's doing to you, unless he never sees you coming or going & doesn't realize you even use the ROW. It could be a form of passive/aggressive behavior on his part, resenting your intrusion. In that case he needs to be gently reminded of the large amount of money that changed hands. He can't expect to sell the land and keep it too, but that seems to often be the case unfortunately.

[Heineken]

$this->bbcode_second_pass_quote('dunewalker', 'H')eineken, I found a "Free Advice" site that addresses this issue: Free Legal Advice regarding gating easements It seems that the landowner can legally gate the non-exclusive easement as long as it doesn't actually lock you out. So this has to be worked out between the two of you to mutual satisfaction. You'll need this guy on your side after the crash...

[Heineken]

I agree with your implication that "getting along" with a neighbor supersedes such inconveniences as we've discussed here. I was just curious about the legalities.

I'll send the farmer a note saying I'm sorry I damaged his electric fence. It rankles a bit, given the total situation, but I'll do it.

I don't expect that I'll own that property forever. Maybe auction it off when/if the timber market turns around. My investment was only $1850/an acre (my mother kicked in the rest), so I don't think I'll lose too much money, if any. That's really cheap for ANY Virginia land, and the land is loaded with maturing (23-year-old) loblolly timber, has a little cabin, a stream system, and trails.

I'll need to unload that property, and the one I live on, if I'm ever to migrate north. But it'll be hard---so much of myself is invested here. Over a quarter century of me.

[bobaloo]

Just a couple of points. First, you use the term "right of way". There's a BIG difference between a right of way and an easement. If it's truly right of way, it's a separate piece of land that is committed solely to travel, and you own it outright or it's public. For example, public streets are built on rights of way.

An easement is when you grant a partial interest in a piece of property to another person for a specific use, such as ingress/egress, running a sewer line, etc. The original owner still owns the property and the owner of the easement only has a right to use the property for that specific use.

If it's truly a right of way, meaning it shows up as a piece of your property, he doesn't have any right to fence across it. If it's an easement, meaning it shows as part of his property, you only have a right to use it for access and he can't keep you out but frankly what he's doing is probably well within his legal rights, it's just an inconvenience for you.

Finally, it's a matter of country manners. You don't EVER leave someones fence down, that's enough to start a war. Those animals are his livelihood, and if they get out and happen to wander onto a road he could lose everything in lawsuits. You shouldn't have just laid the wire down and driven over it, you should have moved it out of the road and then put it back.

I understand it's inconvenient but he's done it right the way he's got it set up and having to get out and open and close gates is just part of living in the country.

[Heineken]

$this->bbcode_second_pass_quote('bobaloo', 'J')ust a couple of points. First, you use the term "right of way". There's a BIG difference between a right of way and an easement. If it's truly right of way, it's a separate piece of land that is committed solely to travel, and you own it outright or it's public. For example, public streets are built on rights of way.
An easement is when you grant a partial interest in a piece of property to another person for a specific use, such as ingress/egress, running a sewer line, etc. The original owner still owns the property and the owner of the easement only has a right to use the property for that specific use.
If it's truly a right of way, meaning it shows up as a piece of your property, he doesn't have any right to fence across it. If it's an easement, meaning it shows as part of his property, you only have a right to use it for access and he can't keep you out but frankly what he's doing is probably well within his legal rights, it's just an inconvenience for you.
Finally, it's a matter of country manners. You don't EVER leave someones fence down, that's enough to start a war. Those animals are his livelihood, and if they get out and happen to wander onto a road he could lose everything in lawsuits. You shouldn't have just laid the wire down and driven over it, you should have moved it out of the road and then put it back.
I understand it's inconvenient but he's done it right the way he's got it set up and having to get out and open and close gates is just part of living in the country.

[Ludi]

H, you might, if you plan to move there eventually, look into working with him to put in cattleguards so you can drive straight through to your place.

[dunewalker]

Cattle Guards

[Ludi]

$this->bbcode_second_pass_quote('dunewalker', 'I') don't know, Ludi, at $10/hr. three shifts a day, 365 days a year, cattle guards seem like an expensive proposition...

[Heineken]

The electric fences extend across the ROW and section off parts of long, narrow fields. I don't see how a cattle guard would work with an electric fence, since it would interrupt the current. Maybe the wire can be strung UNDER (or over?) the cattle guard? It's an interesting idea, Ludi, but I don't know anything about the practicalities.

[Tanada]

$this->bbcode_second_pass_quote('Heineken', 'T')he electric fences extend across the ROW and section off parts of long, narrow fields. I don't see how a cattle guard would work with an electric fence, since it would interrupt the current. Maybe the wire can be strung UNDER (or over?) the cattle guard? It's an interesting idea, Ludi, but I don't know anything about the practicalities.

[Ludi]

It's a gate not a cattle guard but this pic shows how the hot wire goes across the driveway in plastic pipe (first pic - ignore the other two):

[deMolay]

Heinie, if you have a registered title to the right of way, I don't think he can put up a gate on it. I would take all your titles and legal paperwork to a real estate lawyer in the area. And get it straightened out. Because you could be cedeing him control by not challenging his claim. This could drastically affect your resale price. And he could eventually erode your claim by squatters rights. See a lawyer very soon.

[Heineken]

Putting in cattle guards (even if I paid for them) would require a friendly, close relationship with this guy, and I've failed to establish that (despite trying). I will consider writing him a letter proposing it, but I hold out little hope for that.

DeMolay: I'm not worried about losing legal control of my land there. I have a recorded deed, a recent survey, a plat, all of it---ironclad. The only issue here is the convenience, or lack thereof, of my ingress and egress over that 1-mile deeded easement.