If your fathers deed doesn't show an Easement of right of way for the said property next to you, you don't have to allow him squat of passage.
We have a similar problem with trespassers every year due to a right of way easement through one of our farms. After getting the game warden and sheriff involved it seems to have slowed down the stupidity...
Exactly. The owner needs to tell the trouble maker to mind his own damn business and he can use the road but, one more incident and the law is coming for trespassing. I like to get along when possible but, sometimes it just isn't possible. Sent from my EVO using Tapatalk
The PVA would be a good way to start off at for questions, or they can point you in the right direction. Good luck and use your head when dealing with nasty neighbors.
Ok guys he's asking for opinions and advice If the road is his only access you cant lock him out but if his property borders the main rd. you can. If you have more problems with this guy tell him you are going to put a lock on the gate and you can because it is on your land and he doesnt have an easement Record everything with your cell phone. Just turn it on and put it in your pocket so he doesn't know he's being recorded (its legal as long as one person knows they are being recorded ,that person being you). keep us posted would like to know if everything works out for you and good luck this year
A. The harassment probably won't end until you put an end to it. IMO, the physical threats and intimidation worked in the past because you avoided the property for 5 years. Now that you've come back to use the property, I suspect that the adjoining landowner will try them again until you back down again. It might be worthwhile to have a sheriff/deputy ride out there with you on opening day of ML or modern rifle season. Either that, or shut off their access on the road. To be honest, I would've shut down that road a long time ago. Shutting down the road though might lead to a legal battle. It's my understanding that there is no written easement. Therefore, the only way the neighboring landowner can assert a right to use the road is by easement by implication or necessity. A good case to look at in figuring out whether they have any basis to establish an easement is Marlow v. Carroll, 59 S.W.3d 484 (Ky. App. 2001).
Opening day would be a good day to set up some targets in the road and invite about 20 of your closest friends with ARs to come shoot. Lol. Sent from my EVO using Tapatalk
Thanks Buckfever. We were trying to avoid a legal battle at all costs but, we will see how the next couple visits down there go and go from there. Regardless, looks like I need to do a little more research. I did personally avoid the property for the past 5 years to some respect but, my dad and his friends have hunted down there a bit. A guy is suppose to take his son down there for a youth hunt this weekend but looks like we may put him in at the other property.
Beat the dog crap out of him and afterwards tell him if it happens again you won't be nice like before, lol.
If you are in the right....don't be frightened child. You will have to assert yourself and your position at some point. That doesn't mean get into a brawl with him, but you've got to quit being scared of the conflict.
