Needhelp from you cattlemen

[2571]

Being sued to use my easement into my deer camp.

My easement from the county road ends at two landlocked parcels (one of them mine). The easement was obviously fenced on both sides in antiquity, about 30' apart. Neighbors explain that properties were used for cattle in the 40's so it needed wire on both sides of the ancient pathway.

Why wouldn't there have been one, well maintained fence with the easement on either side of that single fence? Was that to constrain cattle from drifting away when being moved down the easement?

tia, I live in a city

[BigSky56]

If the easement was taken from two properties IE: the center of the road divides, 15' either side, thats why they double fenced. Otherwise from a single property there would of been a single fence and the easement would on the land granting said. If they want to use the easement by law they are only entitled to their half of the easement. If both property owners of the easement agree they could put a gate into the easement from each side and use it as needed. Those owners shouldnt even be bothering you as you dont control the fences on the easement maybe they are trying to get you to give up your trespass rights, I wouldnt agree to a single fence with only a 15' rightaway that will affect you land values and resale down the road. danny

[Lastmohecken]

Easements can be different at different properties. I have an easement across my farm, leading to another farm but I own both sides of the easement, and the land is still mine, they just have the right to drive across it. I don't have a fence on either side of it, just a wire gate leading off of the main road.

And I have an easement going across a neighbor's land with a gate on the main road and a gate entering my land at the end of the easement. There is no fence on either side of that easement either. For a hundred years there was road or trail going across to my land in the same place but it was just understood among the old neighbors that we could go across there, however, after the owner died I decided to approach his wife who was getting along in years and worked out a deal with here for a legal easement to be recorded.

When things change hands anymore, you just can't rely on traditions to stay the same. The old settlers respected the old roads from a hundred years or more ago, but now days, younger people that have moved in here don't understand the old ways so I felt it best to get it on paper, while I still had good neighbors I could work with.

Regarding your right away or easement, I could be wrong, but I am thinking that you probably don't own the fence, unless you actually own the land that your easement is on, because most easements are just rights of passage but the owner still owns the land, and can do anything they want to with the fence as long as you can still pass through there. I know that is the way it on my easements. I mean I could build a fence or not on either or both sides of the easement going across my land to give access to my neighbor's land. But on the easement I have going across another neighbor's land I can not build a fence on their land, but they could as long as I still could go across there. Actually, they could even build a fence going across my easement and put a gate in there, that I would have to open to pass through and I couldn't do a thing about it, I don't think. And I could do likewise on my land, if I wanted to.

[Blaine]

No official property description on file? Are you in danger of losing to adverse possession?

[2571]

No official property description on file? Are you in danger of losing to adverse possession?

Wife & I both attorneys. Our interests are recorded but MI permits adverse possession claims anyway.

My questions was about cattle management. I don't see why you'd need a 30' channel to move 10-20 cows especially if they were being moved along an already established, 1,000 foot fence to the county road.

I guess my Q is, "How hard is it to manage 2 dozen cows for .2 of a mile?" I doubt farmer had horses but was probably was moving his cattle with his wife & kids on foot.

[BigSky56]

Its not hard at all to move cattle thats the easy part getting them all gathered and hold them to move is the hard part, theres a lead cow the boss of the herd get her moving and the rest follow. I dont follow the idea of a 30' easement being fenced by the easement users to move cattle down to the county road to what a corral to load in truck or tail them down the county road where some of properties didnt even have fences doesnt make sense. danny

[2571]

Thanks guys. I know nothing about raising cattle

My daughter was raised by a Mexican ranchera lady. First time kid saw real cows in running a field, she shouted, "¡ una estampida de vacas!" That lady used to sing, "Mi carabina trente-trente" to my daughter.

[JerryB]

The 30-30 carbine is still as good today as it was when it went off to fight for Mexican freedom. I listen to the song every once in a while.

[Lastmohecken]

No official property description on file? Are you in danger of losing to adverse possession?

Wife & I both attorneys. Our interests are recorded but MI permits adverse possession claims anyway.

My questions was about cattle management. I don't see why you'd need a 30' channel to move 10-20 cows especially if they were being moved along an already established, 1,000 foot fence to the county road.

I guess my Q is, "How hard is it to manage 2 dozen cows for .2 of a mile?" I doubt farmer had horses but was probably was moving his cattle with his wife & kids on foot.

Cows can be easy to move or sometimes they can be hell, depending on the landscape and the cattle. When I was a kid and even up to a few years ago, our cattle could be driven to the cow lot with fairly predictable results, but in the last few years we have evidently bought some bulls that put some bad blood in our herd. Now, it's almost impossible to drive our cattle, and the only way to lot them is to call them with range cubes or hay, and even that doesn't always work, and then when or if we do manage to get them caught, they are so rank, that some of them will literally try to kill you, some of the worst cattle I ever worked.

I have been selling cattle for the last two weeks, and it's been hell, getting them caught, loaded, etc. We are going to add some more cut fences and wings to try to make it easier to drive them in the future. So, yeah, sometimes that last 1/4 of a mile can be difficult without fences to force the cattle to stay on line. Sometimes you have a boss cow or two that will always smell a rat, every time you try to lot them and will take the whole herd to the brush or timber. Those cows I try to get rid of if I manage to get them caught.