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Permalink Reply by Bill R on January 23, 2014 at 13:39

I have come across the same issue with some of the Logging Companies that have Right of way access on my property... they hire some Gypsy Sub-Contractors, cut the chain and add another new pad lock... took a Court Order to have them stop that practice. My property is located in NW Oregon, but I image the laws would be similar elsewhere. I would be very interested to hear what the Law of the Land is out your way as well.

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Permalink Reply by CenturyMan on January 23, 2014 at 14:36

Consider this:  Would you prefer that the parent pipeline company or parent timber company give out keys (for their lock) to every tom, dick and harry sub-contractor, truck driver, and employee that may need to temporarily access the property for inspection, maintenance, timber harvesting, ect. The next thing you know, everyone has a key to what was once a secure lock.  It is common practice here (timber industry) to add another lock (temporarily), give those keys or combination to the sub-contractor, and his employees.  Then at the point that the work is complete, and he has no further need to access the property; remove that lock, and you are back to a secure situation, were only the parent company should have access.  I prefer to keep access to the main lock limited to a few company employees who are accountable, and use the temporary lock method.

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Permalink Reply by Dana Bratcher on January 23, 2014 at 16:34

I wouldn't mind that method...if they would lock the temporary lock into the lock of  whichever company they are working for. However, they keep cutting the chain (which I believe is illegal).  Of the 5 companies who have locks, there is only one we have continual problems with.

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Permalink Reply by Dion Warr, CPL on January 24, 2014 at 5:41

Dana B:

Agree with CenturyMan on this one. Temp locks should be SOP during periods of third-party contractor activity. The authorized company personnel should supply the temp lock and place the lock in the chain loop next to its own. Once work is completed, the lock should be removed. Unfortunately, A SOP does not make for universal acceptance; in addition, currently anyone can still buy bolt cutters.

IANAL, but generally speaking, legality is a matter of determination based upon the facts. Most access agreements permit both the company and its agents (including third-party contractors) to access through gates and allow same to install locks in order to conduct its business, maintain and monitor ROWs, perform work, etc. To what extent grantee and its agents regulates its access, maintains security of gates, adds or removes locks from the chain loop, as well as other related issues, is usually spelled out in the agreement(s) which create(s) the right of access.

Practically speaking, if the chain is yours, they are destroying your property, and you have every right to complain. If by cutting links parties have created a chain loop that can no longer secure the gates, you have every right to complain. If you are finding unauthorized parties on your property that have accessed your property through unsecured gates, call the law and the company/ies you feel are at fault, and let them know as an owner you will not tolerate bad behavior. However, if the party is there for a legal, legitimate, or contractual purpose, there is very little that you can do to stop the nuisance of cut-up chain and random foreign locks coming and going from your chain loop. They can buy you some new chain, though, and after a few trips from supply or the hardware store to your property, the company personnel themselves get annoyed and usually lean on their contractors to clean up their act.

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Permalink Reply by JHH on January 24, 2014 at 7:51

You need to know contact information of all who have locks and keys and who is being allowed to enter your property.  if that doesn't work... add a new chain and your own lock.  Give it a little time and they'll contact you!  but i'm not a lawyer and i don't know what's right or wrong.  I do know you are being done wrong!

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Permalink Reply by JHH on January 24, 2014 at 7:53

You could also put a motion camera up and take a photo of everyone coming in and out of the gate... even the deer and hogs!

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Permalink Reply by Dana Bratcher on January 24, 2014 at 15:39

JHH--now that is a good idea.  We already have some game cameras...we can just set one up at the gate.  Thanks!!!

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Permalink Reply by gunther badue on January 30, 2014 at 11:51

I have property in old field in Galveston County with at least 3 pipeline operators.

This property is waterfront and is bisected by a county owned levy.  My problems are that the operators, or their subcontractors remove MY LOCKS , and the county authorities give out keys to their political buddies, the cops, deputy sheriffs and so do the power company people who service the pumps on the levy.  Sometimes it seems I am the only one without keys thru both gates.  I have at times totally lost access or any control of access.  I have considered removing all locks, chains, etc., putting my own on there and/or blocking the access with a bulldozer and a large mound of debris.  OR........Just run them off with gun and dogs!

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Permalink Reply by Dion Warr, CPL on January 30, 2014 at 12:12

Gunther:

You won't get very far constructively past the point that you mention "removing all locks, chains, etc., putting my own there".  The pipeline operators (owners of right-of-way) have access rights that they will vigorously defend (even against the owner of the property).  Thwarting or blocking their access will result in a deputy being called and taking action against you.  Whether you granted these rights or your ancestor-in-title did so, the property is subject to the rights-of-way and rights thereto (including rights of ingress and egress).

Starting an argument onsite with them will result in an agent of the company bringing a copy of their ROW agreement substantiating their rights of ingress to law enforcement and action being brought against YOU if you see fit to interfere.  If threatened, they will call the sheriff's office themselves to have (a) deputy (deputies) present when they enter.  If you ever had a death wish for you or your dogs, try waving guns around and setting dogs loose in the face of law enforcement.  You would have much better luck in obtaining a judge's order by monitoring activities on your property, identifying unauthorized personnel entering your property and you and your lawyer lodge a legal complaint.

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Permalink Reply by jim weyland on January 30, 2014 at 12:44

gate security is not my area of expertise (were i to even have an area of expertise).

but were it my property, i'd set a stout chain and key lock on the gate. and, next to the gateway, in an obscured from the road sort of way, i'd set a small, very stout combination opened lock box containing the gate lock's key.  with the box located such that it could be accessed from both inside and outside the gate

the gate rules would be: open/close and re-lock the gate and then put the key back in its lock box before going in. repeat upon exiting.

if a hand w/legitimate access rights didn't know/remember the combination, well, he'd just need to call the office.

someone earlier in this thread floated the idea of putting a game camera in place to look over the gate way. that to me would seem to be excellent insurance in trying to ensure that the honest folks with legitimate access rights stay honest and follow gate procedure.

a last thought, nothing greases the wheels of good law enforcement better than a history of regular but not necessarily large campaign contributions to the sheriff's reelection efforts. i'm sure the galveston county sheriff will welcome another campaign contributor. 

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