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easements
Posted by twodux on Jan 21 2006
When I lived in the Valley, I had a problem regarding an easement. I shared a driveway with the house behind mine. We lived at the end of a road. Next to our property was a large chunk of land owned by a guy and managed by a second guy. They had a road into their property but kept it gated as they kept heavy equiptment in there and it was vandalized regularly. People who wanted to go in there would ride 4 wheelers and motorcycles and snow machines down my driveway and jump a berm and small ditch to get around the gate. The guy who managed it asked me to call him if I saw any motorized vehicles in there and I did. The problem for me was people would zoom down my driveway like it was a racetrack and torment my dogs. Not to mention I had small kids who would be playing outside so there was a safety issue for them. My neighbor and I got so fed up with it that we talked about putting in a gate on our driveway. (it was about 100 yards long) I went to the borough to check things out with them and they told us we couldn't because our driveway was on a utility easement. Legally people could use the easement. The recklessness was illegal, but try getting enforcement there when people were just zooming by at odd hours. The trespassing onto the next property was illegal too, you could follow the tracks to see where they were going, but same thing....try to get enforcement there. We were stymied.
Which brings me to this situation. If the gate is on an easement, it's probably illegal. If you made improvements to public property (ie improved trails) it's probably tough luck to you, same as someone who built an illegal duck blind on fed land. I can absolutely understand you not wanting yay hoos tearing up your property, but if there is an easement, I don't think there's much you can legally do unless you catch someone off the easement. And I don't think you can legally lock up public land with a gate if there is a legal easement. And you certainly can't be threatening people. If you're in the right, call the troopers and let them sort it out. If they wrote some tickets and the word got out, you'd probably have less trouble with scofflaws.
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