Land entrance... What would you do?

Discussion in 'General Hunting' started by struttin&ruttin, Sep 15, 2007.

  1. I just went thru a similar deal in KY last year. A house and property that I wanted to buy had a 400 ft gravel drive from the county road. It was a private drive but it granted egress to property behind me that was not accessible by any other road. The owner of the property in back was just beginning to develop it into lots and was logging and driving in and out of what would have been my driveway and while he was obligated to maintain that driveway, the traffic had torn it all to hell with mud and ruts, etc. The neighbor had every legal right to use the driveway. It was going to be torn up for years as they developed it. Due to that issue alone, I chose not to buy that property. As long as your deed grants egress along that route, your neighbor must either keep the road open for use or give you a key to his gate. How to deal with this?
    • As long as he is not violent, I would call and arrange to meet with him to read over the deeds and discuss an amicable solution. Bring a witness (one of your brothers in law who are lawyers). This biblical and helps to keep things civil and helps to support plans B & C.
    • If that fails, then the simple letter notice from the county attorney or your attorney or other official (Sherriff), might resolve the issue.
    • If all else fails, then legal action might be necessary. Petition the court for removal of the gate or court order to enforce your easement placing him on notice that if he blocks access he could be arrested for contempt.
    Be civil and cordial and seek a friendly solution before going the other route. Too many men have been killed over property disputes to want to have things turn sour if it can be avoided. Legal action should be a last resort, not the 1st arrow out of the quiver. My 2-cents.
     
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  2. DaveO

    DaveO 6 pointer

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    Go straight to the source of the problem 1st. Just the fact that he would be hateful to your son instead of going to you before he started making his own rules just shows he nothing but a bully. An ignorant bully in my opinion. Once he sees he’s dealing with a grown man that knows his rights and is not afraid to approach him face to face, I’m sure he will re-think his position. ( Even if it’s not directly in front of you). If he has any sense at all, he will quickly realize he’s not going to win.
     
  3. muddhunter

    muddhunter 12 pointer

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    Old thread fresh topic. Does a deeded right of way (or right away as it’s referred to here about a thousand times) allow anyone that the owner of property wants to go through or is it just the owner? Can a person who owns the access property deny access to someone other than the owner?
     
  4. EdLongshanks

    EdLongshanks 12 pointer

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    Interesting question. Let me see if I understand you completely.

    Hypothetical:
    Butch and jimmy Dale are property owners. Butch has road frontage and there is a deeded “right away” to allow Jimmy Dale access to his property through Butch’s land. Jimmy Dale is located behind butch more or less land locked except for the legal “right away.”

    Are you asking if jimmy dale could grant access to to Tucker, the property owner behind jimmy Dale? Lets say tucker needs access to his back 40 and the best way in is through jimmy Dale’s easement through Butch’s property...and jimmy Dale obliges because he and tucker are buds? Is this a permanent access or just periodic use? I think we need an attorney to be honest. Fun to think about.
     
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  5. Lady Hunter

    Lady Hunter 12 pointer

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    From what I understand, a lot depends on how the deeds are written. One farm that we looked at was landlocked with a deeded right of way that could ONLY be used for agricultural purposes. And the way it was written, that didn't even include hunting. You couldn't build back there, you couldn't hunt there, you couldn't even go have a picnic the way the deed was written - all you could do was go to & from for farming purposes. The real estate agent even had to pay the front property owner a "toll" of sorts before they'd allow him to cross to even show the property. Needless to say, that was a hard pass....
     
  6. 1wildcatfan

    1wildcatfan 12 pointer

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    As I understand it, row is public, easement is whatever it's specified as; utility, private road etc. Dealing with a lawyer now trying to work something out with another landowner
     
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  7. EdLongshanks

    EdLongshanks 12 pointer

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    Yeah that is a tough sell for the agent. I guess an easement like that is more or less a contract...and a contract can say almost anything as long as both parties agree.
     
  8. EdLongshanks

    EdLongshanks 12 pointer

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    You are correct and I’ve been incorrectly using the terms interchangeably

    https://difference.guru/difference-between-easement-and-right-of-way/
     
  9. muddhunter

    muddhunter 12 pointer

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    Yeh that sums it up nicely. If Butch can’t deny any wishes of Jimmy Dale then Jimmy Dale can grant access through Butch to anyone. I guess including a subdivision entrance or as lowly as his cousin wanting access to Jimmy Dales to hunt.
     
  10. EdLongshanks

    EdLongshanks 12 pointer

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    I would think/hope it would be hard for butch to deny jimmy dales cousin Earl from trying to get to jimmy dales place. I feel like their original agreement should be for jimmy dale, his cousin Earl, and any other associate that would visit his property. The subdivision idea should be shut down immediately for a whole host of reasons.
     
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  11. muddhunter

    muddhunter 12 pointer

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    Agreed. Let’s table the subdivision nonsense. Earl is definitely in though, along with his best gal Ruby Sue as long as it’s just for crawdadding and no shenanigans.
     
  12. EdLongshanks

    EdLongshanks 12 pointer

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    Was she specifically invited by jimmy Dale or is earl just being presumptive?
     
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  13. Feedman

    Feedman Cyber-Hunter

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    In the basement
    Ruby Sue wanted to go skinny dipping in the creek
     
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  14. EdLongshanks

    EdLongshanks 12 pointer

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    Thank you mister. I forgot her name and couldn’t think of it to save my life. Ruby Sue is a hellcat. Straight up sex kitten....that ol ho bag.
     
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  15. Travis Thacker

    Travis Thacker 6 pointer

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    The road is listed on both county road maps and the gate had ID flags / signs on it + paint to I.D. it as DBNF USFS / Army COE property. Both myself and other's hunted that DBNF area for many years with out ever being bothered or spoken to by the land owner who lived to the left hand side of the dead end road. The particular dead end road was a county road that ended at the DBNF gate with a small 1 car long pull in area by 2-3 cars wide. County + USFS put a pile of dirt to keep ATV's out behind the gate as per usual rules. There was also a small walking trail that went all the way to the lake but it was originally a logging road used by the USFS when they built the lake and timber cut the area.
    When the land owner on the left hand side built the new home next to his old home they put in a secondary circular drive way that pulled right out into where the old gate used to be. ( They even black topped right out into the old parking spot so that it blocked the drive way if anyone tried to use the pull in area as a parking spot.) If you try to park there now it blocks the secondary circular drive way exit and the land owner will come out trying to bully you off making threats to TOW your vehicle and all that nice stuff. I just stopped hunting there but I have plenty of places to go hunt if I so wish. That's never that big an issue for me but it's still wrong for the land owners to do what they did in an effort to go around both the law and regulations just so they could have their own private access to DBNF lake front wooded area. Heck people including myself come in by boat all the time and walk right up within 200 yards of his home an hunt with bows and shotguns. This same land owner is one of those people who tried to claim the Turkey were his cause one of them was a off white farm Turkey that mixed in with the wild Turkey.
    P.S. Old threads are cool..............it's perfectly o.k. to slap a old thread, I make a habit of it at time.
     
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