Question for Cattle Ranchers

[PROD49]

He's upset? Thats not being a good neighbor.
I'd get upset and ask why he was trespassing on my land. My locks wouldn't come off until he came up with a reasonable solution that I felt comfortable with. Let him do all the work. Hes the one that is benefiting from the deal.

More to based on previous conversations with previous owner. Legally speaking the covenent was never rescinded till me and doubt he knew. This is some guy trying to run his cattle business and some new guy starts locking gates and rescinding covenents
. That said he should be better informed on his legal documents but I deal with billion dollar companies in same boat so I don't necessarily fault him for that.

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[2B4Him]

Good neighbors help each other out. You make his ranching life easier by letting him cross a very small portion of your property like he has been doing, and he makes sure to close the gates, keep his cows where they are supposed to be, etc.
Make it clear (nicely) that (according to your statements) there is no legally enforceable easement, but that you are letting him use the property out of the kindness of your heart. Let him put a combination lock on the gate that he has access to.
Shoving a legal agreement at him, giving him a 'buy it or lose it' ultimatum, making him pay for access or pay to put up a fence on your property - none of those seem conducive to being a good neighbor.
And, as a recovering attorney, I understand the benefits of written agreements, etc. But this seems like way too small of a thing to bow up with a neighbor over. "And let us consider how to stir up one another to love and good works (Hebrews 10:24)", rather than how to 'negotiate the best deal' with a neighbor.

[TWarren]

Good neighbors help each other out. You make his ranching life easier by letting him cross a very small portion of your property like he has been doing, and he makes sure to close the gates, keep his cows where they are supposed to be, etc.
Make it clear (nicely) that (according to your statements) there is no legally enforceable easement, but that you are letting him use the property out of the kindness of your heart. Let him put a combination lock on the gate that he has access to.
Shoving a legal agreement at him, giving him a 'buy it or lose it' ultimatum, making him pay for access or pay to put up a fence on your property - none of those seem conducive to being a good neighbor.
And, as a recovering attorney, I understand the benefits of written agreements, etc. But this seems like way too small of a thing to bow up with a neighbor over. "And let us consider how to stir up one another to love and good works (Hebrews 10:24)", rather than how to 'negotiate the best deal' with a neighbor.

Well said. Too many city folks living in the country now.

[Bear82]

I'm not sure what the layout of the land is like. Can he just run them down the road 200ft?

[PROD49]

Good neighbors help each other out. You make his ranching life easier by letting him cross a very small portion of your property like he has been doing, and he makes sure to close the gates, keep his cows where they are supposed to be, etc.
Make it clear (nicely) that (according to your statements) there is no legally enforceable easement, but that you are letting him use the property out of the kindness of your heart. Let him put a combination lock on the gate that he has access to.
Shoving a legal agreement at him, giving him a 'buy it or lose it' ultimatum, making him pay for access or pay to put up a fence on your property - none of those seem conducive to being a good neighbor.
And, as a recovering attorney, I understand the benefits of written agreements, etc. But this seems like way too small of a thing to bow up with a neighbor over. "And let us consider how to stir up one another to love and good works (Hebrews 10:24)", rather than how to 'negotiate the best deal' with a neighbor.

Appreciate it and well said.

[bbqfan5909]

I would say the OP has the kindness heart thing going. He very well could tell him to shove it, get off my property.

Good neighbors help each other out. You make his ranching life easier by letting him cross a very small portion of your property like he has been doing, and he makes sure to close the gates, keep his cows where they are supposed to be, etc.
Make it clear (nicely) that (according to your statements) there is no legally enforceable easement, but that you are letting him use the property out of the kindness of your heart. Let him put a combination lock on the gate that he has access to.
Shoving a legal agreement at him, giving him a 'buy it or lose it' ultimatum, making him pay for access or pay to put up a fence on your property - none of those seem conducive to being a good neighbor.
And, as a recovering attorney, I understand the benefits of written agreements, etc. But this seems like way too small of a thing to bow up with a neighbor over. "And let us consider how to stir up one another to love and good works (Hebrews 10:24)", rather than how to 'negotiate the best deal' with a neighbor.

[Stolle]

My cousin runs his cows across our place a few times a year since he has the grazing rights on my other cousins property. I would imagine your neighbors cows follow him with cubes or some sort of feed and will not stray towards your pool. If you are still concerned after meeting with him I would just string up a hot wire when he moves them.

[Dale Moser]

Seems like he could build that little bit of fence so that when you're gates are open it completes the "corridor" for him to run his cattle a couple times a year, and everything would be just fine. Ask him to put his lock on each gate, and let you know when he plans to use them.

If he can't agree to that then he can pay you for it's use, or not use it.

[PROD49]

We'll figure something out. I have no intention of being a bad neighbor, treating him like a corporation, or anything like that. How do I keep my investments safe, Black buck in property and neighbor day to day business not impacted. Not rocket science and we'll figure it out. We both have a vested interest in making it work. People with vested interest tend to be more respectful of each other.

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[Bazo]

Is he land locked without being able to cross your place? Or is it just easier for him to do it that way? I have an easement to get into one of my places but it was land locked. My grandpa had a handshake agreement to cross someone else’s place for over 20 years. Then someone bought it and poof we were locked out for 15 years. We had to build a road and have a legal easement drawn up. He will need to agree to whatever you want to do as you don't owe him anything because he's been doing it.

There's that city people moving to the country comment but there are folks in the country who feel like they can go where they please and don't respect landowners.

[PROD49]

Is he land locked without being able to cross your place? Or is it just easier for him to do it that way? I have an easement to get into one of my places but it was land locked. My grandpa had a handshake agreement to cross someone else’s place for over 20 years. Then someone bought it and poof we were locked out for 15 years. We had to build a road and have a legal easement drawn up. He will need to agree to whatever you want to do as you don't owe him anything because he's been doing it.

There's that city people moving to the country comment but there are folks in the country who feel like they can go where they please and don't respect landowners.

He is not landlocked. It's just shorter than going down the road. We'll work it out.

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[Bazo]

He is not landlocked. It's just shorter than going down the road. We'll work it out.

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That helps a lot.

Maybe if you're there when he does a cattle run it would ease yours and your wifes mind to see how everything flows.

[mooch]

Being a good neighbor doesn't mean you have to lay down and give him his own lock and open access through your place. Being a good neighbor goes both ways and takes working together.

If I were in your shoes, I'd first make sure y'all have an open line of communication with each other. Never know when one of you may need a hand from the other. I'd also make clear your concerns about your blackbuck and other investments. Then I'd run a hot wire for that small stretch, won't be expensive or hard. I wouldn't give him his own lock since it sounds like he isn't landlocked but I would call or go have a beer with him and say "I have no problem if you want to use that stretch to move your cattle, just give me a heads up so I know you'll be going through there and I'll let you know what the gate combo is at that time. Heck I'll help you out if I'm around and you need an extra hand." He'll likely only move them a few times a year and still being able to know when he goes through there will give you peace of mind.

If liability really concerns you, have him sign a waiver



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[Bumpy]

It's minimal to me and having a bad neighbor will take mental years off your life. Trying to be a good human. Not this guys fault previous owner didn't follow through with agreement and sell me the entire ranch.

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That still doesn't mean sell him your land because he runs cattle. That is his choice. He needs to come to terms with the Op since he is the owner.

[Throwin Darts]

You need to be really careful because it sounds like you may be on your way to creating an "easement by estoppel". Once you do you can't ever go back and restrict access. Ever.

If there is no legal easement in place today I'd do whatever I could to not create one.

This isn't as easy as many on this thread imply.