Trespassing MoCo Help

[HoustonHunter]

For the Montgomery County LEO's or other knowledgeable individuals:

My son and I have been enjoying slow rides on the utility easement behind my home on the four wheeler. We've probably gone 5-6 times in a two week period since I brought my ATV back from the lease. He's 17 months so we go extremely slow and talk about the birds, rabbits, deer, dogs, etc. We have a great time together and he loves to ask for a "ride?"...

Long story short, I had a neighbor come out Sunday and tell me I was illegally trespassing on the easement and blew up about it. He backs up to the easement, as do I, and beyond the easement is the WG Jones State Forest. His words: "it is a utility easement and it's trespassing to drive a vehicle on it." We went back and fourth and then he was "man" enough to get on our neighborhood FB page to continue complaining about it.... I thought moving to Conroe would rid me of the city folk but that ain't the case...

The HOA in our community owns the actual tract per MCAD.

For my sake, please let me know if this is actually illegal and considered trespassing. If you need additional information let me know.

[Razrbk89]

It's hard to believe that someone would get bent out of shape about that... A dad taking their kid for a ranger ride... Even if he owned it himself, is it REALLY a big deal!?

What a *****.

[HoustonHunter]

It's hard to believe that someone would get bent out of shape about that... A dad taking their kid for a ranger ride... Even if he owned it himself, is it REALLY a big deal!?

What a *****.

Needless to say, he's made a big **** out of himself... Even all my neighbors who live close to me could care less (and others I don't know that back up to the easement).

He was called out for it pretty hard but I'd like to know if it's actually trespassing.

I plan to keep riding and enjoying the time with my son.

[Mr. Whiskers]

You're an outlaw and should be punished!!

[Mr. Whiskers]

That sucks but neighborhood life

[Olphart]

I'd check the HOA restrictions. And, if it's "illegal," how would a utility company (elect, water, phone) get back to their lines, transformers, etc.?

[HoustonHunter]

I'd check the HOA restrictions. And, if it's "illegal," how would a utility company (elect, water, phone) get back to their lines, transformers, etc.?

I combed through our "Declaration of Covenants, Conditions & Restrictions" and there is absolutely no mention of any restrictions relevant to his argument.

[Huntindad]

how are you gaining access to the easement?

[HoustonHunter]

how are you gaining access to the easement?

The easement itself touches the street via a corridor so I get on/off there in two different areas.

[AntlerCollector]

im sure that dude feels like it's his area back there and he doesn't want you moving in on it.

[orlybow]

My guess is that it is probably not illegal but probably against HOA rules or guidelines. I'd rather deal with the law than an irate HOA, haha!
Just flick the neighbor off of the end of your finger...like a MoCo

[HoustonHunter]

im sure that dude feels like it's his area back there and he doesn't want you moving in on it.

He has a fence on his property line and I ride closest to the opposite side.

He has a fire pit and a swing on the easement outside of his property line so he definitely uses it to his enjoyment.

[Huntindad]

The easement itself touches the street via a corridor so I get on/off there in two different areas.

hmmm...seems as though...there is no fence...no posted signs...no problems until you get a request from the owner of the property or it's agent. ride on and have fun.

[AntlerCollector]

It's a utility easement! That property is set aside for electric, phone, fiber optic, catv, gas, water, etc. That guy has no claim to it and it's none of his business! Are there no trespassing signs up? If not keep doing it. If there are signs find out who put them up there because the HOA doesn't have the authority to say who can and can't travel in that easement.

[AntlerCollector]

He has a fence on his property line and I ride closest to the opposite side.

He has a fire pit and a swing on the easement outside of his property line.

Yep I knew it. I see this all the time. I work for one of the utility companies. Tell that jerk his fire pit is trespassing