Question for Cattle Ranchers

[PROD49]

Ok off question here. I bought a piece of property that an easement was in place for the neighboring ranch to move cattle between his place and his brothers. Not very big maybe 50ft wide by 200ft or so.

Yesterday I get a call from said rancher upset that I locked gate and he has an easement so on and so forth. I read the easement and it does not convey once property is sold. That said I want to be a good neighbor but don't want the gates left open for Black buck to get out or cattle running all over the place.

Question would you sell that small portion to him and wash your hands of it
Or
Would you fence off a corridor and make him pay an annual lease of right away for something reasonable say $100 a year allowing me to terminate if I choose?

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[shooter2007]

Sell it and be done with it

[duckmanep]

How often does he move the cattle? If it is just once or twice a year, I would just let him do his thing. You may need something from him someday, like tracking a wounded animal on his property or something.

[texan16]

Give him a key to your lock. Tell him he can pass through whenever he needs to but to keep the gates closed/locked. Try your best to stay in good with all your neighbors.

[BrandonA]

What Texan said

[hog_down]

I agree with duckmanep.

Let him do his thing, if its once or twice a year, and you can be there on the weekend, if you want to, to lock the gate back once he's moved his herd.

Just my opinion.

[jimned]

Let him put a lock on your gate and be a good neighbor.

[PROD49]

How often does he move the cattle? If it is just once or twice a year, I would just let him do his thing. You may need something from him someday, like tracking a wounded animal on his property or something.

Yup, wanna do everything to be a good neighbor. That said when he moves cattle the do what they do so I don't want to risk having one guy go into swimming pool etc. I mentioned "lease" as I can insert some type of liability language protecting me to some extent of someone got hurt in process. That said I'm leaning on just selling him that portion and peace out.

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[PROD49]

I agree with duckmanep.

Let him do his thing, if its once or twice a year, and you can be there on the weekend, if you want to, to lock the gate back once he's moved his herd.

Just my opinion.

Issue is cattle containment as I now have a pool and black bucks on property. I would have fence off a corridor.

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[HighCountry]

Use two locks. You have yours and he has his. Make sure to tell him that if the gate is left open the deal is over.

[Dushon]

How long has he been doing this?


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[dustoffer]

Give him a key to your lock. Tell him he can pass through whenever he needs to but to keep the gates closed/locked. Try your best to stay in good with all your neighbors.

Yep, as said previously, never know when you might need a return favor.

[PROD49]

How long has he been doing this?


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According to the original easement about 7yr I just recently acquired ranch. I just noticed vehicle traffic and left a note on gate.

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[Dushon]

According to the original easement about 7yr I just recently acquired ranch. I just noticed vehicle traffic and left a note on gate.

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I’d talk to him and see what kind of a guy you think he is. Most ranchers just want to be left the hell alone. If he’s been doing it for 7 years, him, and his cattle know the drill. Pretty small chance of a cowboy going for a dip in your new pool. Just my perspective from the other side of the fence. Take it for what it’s worth.


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[Dusty Britches]

Dushon is on the right track.

Funny that this should come up. I think this would fall under easement by estoppel and Tiffany Dowell, the expert in Ag Law, just wrote an article on this. If it is not easement by estoppel, you might want to read her other articles on easements.

Here's the link to Easements

In the end, do what is right in your heart. In my heart, I would do everything possible to be a friendly neighbor. That guy doesn't seem like he wants to take advantage of you, he just wants to move his cattle.