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    Question Putting a Gate on a USDA Easement

    Im in New Mexico. I own a 10 ac. lot in a subdivision, that borders the natl forest and has deeded to the USDA an ""easment for right of way for ingress and egress"" . This stupid thing runs thru 9 lots and we all just hate it! I have fenced and gaited my land for my horse pasture. Others are in process of doing the same. Gate is not locked, and is easy to open. Had nice polite signs asking to please close the gate loose horses. Some people are griping becaue they are to lazy to use a gate. There is multiple other easy access, and this easement is hardly ever used for forest access, The local ranger who has tried to get me arrested, but has no support from forest law enforcement or forest attys, is continualy harassing me, threatning me bullyiong me saying that the Gov owns that land and I cant put up a fence gate, threats to remove my fence, How could I have bought the land if they own it? I know they dont. I am not dening access or use of the easement. The road surface is about 16' but the easement is 66'wide and was never surveyed, The road has migrated and caused massive erosion damage on all the lots it crosses, but the worst is on mine. Even the FS guys use the subdivision roads which are suposed to be private but Im positive come under prescriptive easment. The sub roads have been used for well over 25 years by everybody in NM including the USFS. Now my question is, how can I make that ranger leave me alone. Short of mortgaging the farm for lawyers. A lawyer once told me that he thought he could get rid of the easemernt because there was other access, and that it is redundant and unnecessary. Am I OK with my fence and gate?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Putting a Gate on a USDA Easement

    Talk to the lawyer who suggested that there might be a way to "get rid of the easement", and see what he can do for you.

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