Needing some help in going the right direction. Farm I hunt is landlocked. Neighboring property recently sold and the new owners say they aren’t going to allow access anymore, not even to the landowner. The current road being used for access has been used for at least 40 years. Best way to proceed?
That easement has already been established because of the 40 years of travel. You will have to get a lawyer
They move from out of state? My property is landlocked as well. But my easement is on file with the county pva ( i also had a copy, and gave them a copy the day they moved in) the previous owners failed to disclose that (amongst other things). There might be something on file on you property with the county and its worth a look.
Get a lawyer. You should have an easement by prescription. May need a surveyor and will definitely have to get some affidavits done as to the existence of the road, but you should be good after all is said and done. It’s a shame it will cost you though
So have you spoken with these folks face-to-face about this and is the land owner of the property you hunt aware that these new folks have this mindset. That’s not really a decision they can make that’s why it’s called easement. I really don’t think this is even a lawyer necessary deal. The landowner of landlocked property needs to have a talk with these new property owners and it’s just a matter of having the sheriff come out to explain it f they make a a fuss Hell doesn’t take two minutes to google easement they had to be smart enough to figure out the rules
P1, "new owners say they aren’t going to allow access anymore" Idle threats, A copy of the deed by certified mail and there's nothing they can do about it. I'd have a camera going so If they harass you you'll have proof if needed.
Is it your property in question for access or someone you hunt on? If not yours, you have no dog in the fight. Be between the landowners. Also, easement and ROW are two different things. Owner needs to contact a lawyer that deals in real estate.
Grandfathered in, should count for something, least it's an old boys court so to speak. how much ya willing to pay, for the rights you have?
I'm guessing the easement isn't "deeded".....which as someone mentioned, means landowner will need to get prescription easement (which will be deeded).
We going thru this as well. Or my dad is. I got his back. Butler county. Been goin same road for 23 years. But we shall see. It’s really out of my hands cause my dad says he’s gonna handle it.
The previous land owner always said it was a right of way. The roadway shows on both Google maps, and on OnX with a double line from the state highway to our hunting property. Lots of old roads beds leading in and out of all the surrounding properties which leads me to believe not only is this road we’ve been using a right of way. But possibly part of the old county road system.
Neighbor had the same problem about 10 yrs ago and went to court, judge said who ever maintains it and uses it has the rights it's a old county road they used for 40 yrs to get to there back fields.
Will never hold up if it ever gets to that point. I've hunted at least 3 properties that the landowner had to maintain a road and access for a private cemetery on their land. Much less an owned property.