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How would you handle it?
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paul the original
Posted 11/13/2015 20:59 (#4895303 - in reply to #4895196)
Subject: RE: How would you handle it?


southern MN
JRthefarmer - 11/13/2015 19:09

Rent a piece of land that has a minimum maintenance road on west side, so the road runs north and south.  My land is along the south 1/2 mile of the road.  The north 1/2 mile has same property owner on both sides and they farm through the road as there is a big wetland in the right of way and it makes the road impassable anyway.  My land had a fence up along the road, it was bad, so I tore it out last year.  The property on the other side hasn't had fence for some time.  There is some grass in the ROW(right of way).  I farm my field N&S along the road, so don't need it.  The property to the west uses the grass to get equipment down as they farm E&W.  The problem is from my fenceline there is only about 15' of grass on the N side(center of section) as they have farmed into it on their side.  On the S end of the road(road intersection), we both probably farm into the ROW 10-15', so there is probably 40' or so of grass.  I talked to the guy to see if we could just petition to close the road.  He said no because he uses it to get in and out.  I said that his side is farming all the grass and then some and that he is driving his equipment on my side of the centerline of the ROW.  He said it's been that way for a long time, and I should just let it go.  He said I changed it by taking out the fence as that was the way it had been.  He just seemed very unworkable and unwilling to look at it from both sides.

So what would you do?  I feel like he should plant some grass on his side if he needs it.  If I farmed to the ROW center, I would actually plant in his "field" on the N end.  I would be willing to find the center and each of us give up 10' or so for a grassway, as that would be more than fair on my behalf I think.  If I was real particular, he should have all the grass on his side of ROW center if he needs it.   I don't really want to make big issue as I get along with the guy, but at the same time, don't want to be pushed around either.



I don't understand why people remove fences, they are good things even in poor shape, they prevent such issues. I certainly would not have removed the fence. As a landlord I would change renters if one took out a border fence, but that is me.

That doesn't help you now today of course.

Hard to offer much opinion, as it sounds like every one of you is encroaching upon the road right of way in the extreme, so every one of you is wrong hard to say well person C is the bad person because they are stealing a lot of right of way while the rest of is are only stealing a little bit.....

On rented land, you then have even less to say.

About all you can do at this point is work up the whole road to the center line, and when the county or township gets involved in the squabble you go back to about where you were when you had the fence up.

Not what you wanted to hear, but just how it looks from a distance without knowing 'the rest of the story.'

Good luck with it.

Paul
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