A neighbor who has an easement thru our horse property is trying to get a judge to remove our gates and put in cattle guards to keep our mini horses in. Does anyone have any experience with cattle guards and horses/minis? Everything on Google said “NO”. We have a court date this june and want to stop this! Thank you.
What state are you in?
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Not sure that is a real first time poster, not a spambot.
That doesn’t make much sense.
Cattleguards are for cattle.
Horses can and do get injured in them.
What you need is better gates.
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It would strike me as quite unusual for a spambot to make such an incredibly obscure sort of post.
OP–you are correct that you need to stop this from happening.
Sounds like your neighbor is too lazy to open and close gates.
Amongst other things, you might want to ask your DVM to supply an affadavit regarding the potential for damage to equids.
But I think a lawyer’s assistance would be worth the price.
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I think what the poster means is that this neighbor doesn’t want to have to bother opening and closing her gate anymore when using his easement, the cattle guards would be easier on him.
There is NO WAY I would ever want cattle guards to be used near horses, mini or full sized.
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Well, that easement may be guided by whatever was signed then.
Cattle guards is what we had decades ago.
Those also have the cut pipes from each time a horse got in one, the horses the injuries to show for it, one had to be euthanized after getting caught in one.
Horses tend to justle and bump each other into things, including cattle guards, that are an accident waiting to happen around horses.
Not even talking about when there is snow covering them.
I would be worried about that situation and try to find a different way to keep horses.
Someone may leave a gate open, if that is a regular path for others.
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We live in Colorado. Yes the neighbor does not want to open the gates and drive thru our property to get to his property. He is trying to get us to put in cattle guards which I am sure will not keep my minis (6 of them) from getting out. Also I am not a “spambot” I just wanted some sort of proof to give to the judge that its a BAD idea and won’t work for horses of any size. Thank you.
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I second the lawyer idea especially since this is headed to court.
this really will be the deciding factor …and just how the right-of-way agreement is written
taking a guess at OP’s location by the TN being where the EDWARDS live… Tennessee law looks pretty bad for them as the courts have on record that the land owner must replace the gates with cattle guards at the landowners expense.
https://www.nashvillebusinesslitigationlawyersblog.com/easements-some-basic-tennessee/
OP says they are in Colorado a few posts up.
@TNEDWARDS , would it appease the easement holder if you offered to install solar powered gate controls? If you’re past that point (where the easement holder just won’t budge and wants their day in court), then I agree with others to get an attorney, get affidavits from vets and noted horse people/trainers stating the dangers of cattle guards and horses.
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I still say, no matter what the judge determines, having someone driving thru your horse pasture is a recipe for trouble itself.
I would try to arrange it where horses are not anywhere the easement runs.
Even with cattleguards, you may still have trouble with trespassers and need a gate over the cattleguard.
We do, have gates over every cattleguard in main roads just because it gives access to any and all.
A judge ought to consider that also, that you need closed gates there, horses or not.
Mostly the judge will rule according to what the laws say there and the conditions in the easement contract.
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Not to hyjack or anything but cattle guards scare the cr*p out of me. Especially with horses! DHs old boss/friends have cattle guards everywhere (400 head) and horses everyone! (70+) with cattle guards! Blows my mind! Also blows my mind that the horses don’t step right on them. Back in the day when my parent was still around she told me horror stories about horses breaking legs in cattle guards.
Anyways DHs horse started to teach all the colts how to 1) jump the cattle gates 2) how to unchain the fences etc. horse ending up living in the round pen til he recently sold.
I sold a pony to a couple whose farm had cattle guards on some parts of their property. I told them to remove or gate them, even though they were not near the barn or horse facility, one was a potential problem IF a horse went one way that my experience suggested would be attractive. LSS. pony slipped out of his halter in the crossties, walked down the driveway and hung both fores in the guard that I TOLD THEM would be the one.
Hours later, they were able to secure a vet (Saturday pm) and sedate him, and with a welder, cut him loose. He was never, ever sound again.
OP, while you may be getting very sound advice here to fight against the cattle guards (of which I’m included in the ‘just say no’ category), a bunch of anonymous, faceless posters on an internet board are, more than likely, not going to influence a judge. No disrespect to anyone here but just stating, IMO, the value of what we say in a court of law 
You will need good solid references from people like veterinarians who have dealt with cattle guard injuries in horses. An attorney is probably a good investment.
I would definitely go with the angle of you want a gate to keep out other people/vehicles off your property and the cattle guard won’t do that. That may hold more sway, unfortunately, than the animal welfare aspect. Does the easement guy want people accessing his property as well?
And seconding the idea of either an electronic gate opener, or one of those cool mechanical ones - designed for farms, actually, where you pull a chain and it opens the gate - no power needed.
How the easement is written may have some weight as well. Usually easements need to work both ways. You already grant him access across your land, he may not get to determine how that works. Can he also pave the road? Put in a power line? If all he can do is drive across it, he may not have the clout to determine gates.
How many openings in the fenceline are we talking about?
Found 3 options for gate openers for people who don’t want to get out of their cars. Or off their horses.
I’ve used this “Kentucky Gate” at Appleton Farm. It’s very cool.
http://www.waymarking.com/waymarks/WM6H6Q_Kentucky_Gate_at_Appleton_Farms_Ipswich_MA
Then there is this one which is cool but you wouldn’t want a laddery kind of thing to drive on - that would be the same issue as a cattle guard in terms of horse legs. But you could get a solid one?
https://makezine.com/2009/10/03/unpowered-mechanical-gate-opener-th/
And then there’s Amazon:
https://www.amazon.com/Bump-Drive-Mechanical-Opener-Black/dp/B00R9FAWBG
And now I suppose I need to go back to work.
Add to that, how many times a day does he need to go out that road?
He can like everyone else, get out, open gate, drive thru, close gate.
Is what you do where you have gates to go thru.
Only in highways you can drive on and on, they are made for that.
Private roads are to be used as the private owner determines, other than by specific wording to that effect in an easement instrument, that encumbers your title, so should have been carefully constructed.
It is surprising that the neighbor wants to go to court for a problem that is really so easy to solve. Automatic gates are a thing and there are multiple ways to install them so the driver does not have to leave the vehicle to open them; best of all, while not cheap, they’re sure cheaper than a court case. This makes me wonder if there’s other bad blood here besides the utilitarian concern of access to the property.
I am sure your vet would be happy to write you a letter stating that cattle guards are not safe for horses of any size or type.
If the law is not on your side and the neighbor can require a cattle guard regardless (for example, a cattle guard would not be adequate for sheep or dogs either, so if it’s specifically called out in the law then the safety of your animals might not be relevant), I’d suggest using inexpensive electric to fence off the road and divide your pasture into two separate parcels, and rotate them. I can appreciate this isn’t pleasant but depending on the fence line might be as affordable as a pair of properly installed cattle guards. I would do pretty much anything to avoid installing cattle guards anywhere a horse might encounter them, especially loose. And for example, if you wanted to lead or ride a horse down this road, or walk it yourself, ever in the future, now you’ll need another gate.
In any case, I’d encourage negotiation: determine the neighbor’s actual irritation (getting out to open a recalcitrant gate in the mud and rain or snow, in the dark, fiddle with a chain, etc, can get old even when it’s your own gates) and work to solve it with some kind of electric, automated gate. You can set it up so it always opens for a car, opens on a code, opens from a remote, etc, as the situation warrants, depending on all the people who need to be able to access it and how often.
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Thank you everyone! This gives me some good info to go on. I really appreciate you taking the time to express your thoughts and advice.
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