if our neighbors have livestock and so we are forced to keep our gate closed, do we have a right to leave it open?

Get Legal Help Today

 Secured with SHA-256 Encryption

if our neighbors have livestock and so we are forced to keep our gate closed, do we have a right to leave it open?

We own a portion of land that is engulfed by our neighbor’s property. We have an easement of the only road that leads to our home. Recently, the neighbors have chosen to close the gate of this road, because of livestock on their property. The road is accesible but with an inconvienence of opening and closing the gate each time we leave or enter the road. The neighbors do not use this road; they have a seperate, private access. In our state, the fence out law states that we would be liable and fined if our neighbors livestock (horses) were to roam if the gate happened to be open. What legal grounds do we have with the gate and the closure that our neighbors are imposing on us?

Asked on May 29, 2012 under Real Estate Law, New Mexico

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The problem is you have an easement only. If the portion of the land you own includes the gate, you have every right to inform the neighbors they must choose other means to keep their livestock safe. You may wish to have the local city planning department come by and see if they can survey the land to see whose property is on whose land. If your neighbors encroach on your land, whether directly or through use of their livestock, they are committing trespass and you can use this to make them move their livestock and ensure the gate remains open.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption