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re: Deer lease property dispute - new update pg 7
Posted on 10/17/16 at 10:01 am to Boudreaux35
Posted on 10/17/16 at 10:01 am to Boudreaux35
quote:
He owns a hurricane protection levee and the road built on it? If it is truly a hurricane protection levee, who maintains it? Who maintains the road? I assume he does not own the property you lease, right? If so, he cannot restrict access to the property, as someone else mentioned.
he claims to own the land (aka levee) the parish maintains it. Hell they dredged it last month. He doesnt own property we lease. He only claims to own the .25 mile of levee used for access
This post was edited on 10/17/16 at 10:10 am
1
Posted on 10/17/16 at 10:04 am to Boudreaux35
quote:
For fun, I'd love to hear a true description of the events leading to this situation. :)
Not much to it. I joined this lease last year so i only know hwat has been done since last year. The club has been on the property since the 80s. This local resident moves to his current location some time ago and problems with WL&F start happening when my club and other clubs caught people
poaching deer. Resident is mad he is under the eye of the law and builds gate on "his levee" The club is a bunch of old timers who have been hunting the swamp for 40 years. They have had the same lease since then. On this section of the lease it is only 2 other guys besides myself who use it. Neither guy is causing problems. They are close to 70yrs old and maybe kill 1-2 deer a year.
This local resident wants us out so he can do his thing without anyone noticing
This post was edited on 10/17/16 at 10:13 am
Posted on 10/17/16 at 10:08 am to wickowick
quote:
Did he ask for a hunting club membership?
Posted on 10/17/16 at 10:09 am to AlxTgr
quote:
he cannot restrict access to the property, as someone else mentioned.
Oh, yes he can.
If property is subdivided, that is, owned by different people legally, then access must be provided. Granted, I guess he could simply say that he gives access to the owner of that property by giving him a key to the gate but then couldn't that owner legally give a key to the hunting club?
Posted on 10/17/16 at 10:11 am to REB BEER
quote:
Any idea how and who determines compensation
These is a lot of gray area when it comes to access. If it goes to court, ultimately the judge will decide. I've gone to court once on both sides of the issue, but usually it can be worked out between both parties before it goes that far.
Posted on 10/17/16 at 10:14 am to SeaPickle
IIRC, any piece of property sold must be accessible though.
I believe for the MS River levee, the land owner owns the flat parts leading up to it and the batture, but the government owns the levee. That's how it was explained to me by a levee patrol cop when I got caught driving over the levee.
I believe for the MS River levee, the land owner owns the flat parts leading up to it and the batture, but the government owns the levee. That's how it was explained to me by a levee patrol cop when I got caught driving over the levee.
Posted on 10/17/16 at 10:15 am to Boudreaux35
quote:
If property is subdivided, that is, owned by different people legally, then access must be provided. Granted, I guess he could simply say that he gives access to the owner of that property by giving him a key to the gate but then couldn't that owner legally give a key to the hunting club?
There are multiple properties back there but no one uses them becuase the access is next to none and its jsut 1-3' deep cypress swamp. There was never a gate on the levee in the past. He put this gate up saturday. There is one small door to pass but i doubt anything more than an ATV can pass and the rest it 2" post driven every 1-2' across the levee. Parish will probably knock it down when they go cut the levee grass
This post was edited on 10/17/16 at 10:18 am
Posted on 10/17/16 at 10:16 am to Palo Gaucho
quote:
but usually it can be worked out between both parties before it goes that far.
im waiting on a call back from a real estate lawyer that i know and from my lease's land owner. I also know this gate builder wants nothing to do with courts
This post was edited on 10/17/16 at 10:24 am
Posted on 10/17/16 at 10:26 am to Boudreaux35
quote:I think a lessee would still be trespassing if the landowner gate guy wanted to really push it.
Granted, I guess he could simply say that he gives access to the owner of that property by giving him a key to the gate but then couldn't that owner legally give a key to the hunting club?
Posted on 10/17/16 at 11:03 am to AlxTgr
AlxTgr your wrong. If the landowner has ROW access then anyone he extends that permission too as a use of his property does as well. That has been brought and tried in court by every redneck and coonass in Louisiana. You cannot deter granted access to a property period.
Posted on 10/17/16 at 11:19 am to Boat Motor Bandit
quote:Maybe, but probably not. The law pertaining to predial servitudes and related prescriptive rights reads pretty easy, but application is a whole other complicated ball of wax.
AlxTgr your wrong. If the landowner has ROW access then anyone he extends that permission too as a use of his property does as well. That has been brought and tried in court by every redneck and coonass in Louisiana. You cannot deter granted access to a property period.
Posted on 10/17/16 at 11:20 am to REB BEER
quote:I'd try and get a right of way from the current owner of the property your crossing to access your land.
I pulled this from Article 689. Any idea how and who determines compensation. I'm in a similar predicament, as our land also has no road frontage. We access it via an old logging road that has been there forever, but it is not the closest point to a public road. The lady that owns the property with the logging road is getting older, and I'm not sure if she has kids that may try to stop us from crossing her property one day.
Posted on 10/17/16 at 11:24 am to White Bear
Sounds like it's time for sea pickle and his club to invite parish president and sheriff for a hunt.
Maybe extend an honorary membership.
Lol
Maybe extend an honorary membership.
Lol
Posted on 10/17/16 at 11:30 am to White Bear
I might try that. I've only met the lady once. We just happened to be there at the same time in the 40 plus years we've been hunting. I asked her if it was ok to put up a gate at the road to keep people from driving in and dumping trash. She offered to pay 1/2 for the gate, but I told her I would take care of it in return for us to continue crossing her land. We put up the gate and put a combination lock that only she and I have the combo to. She then gave us permission to hunt her land. It's a win/win for both of us.
Posted on 10/17/16 at 11:42 am to Boat Motor Bandit
quote:
You cannot deter granted access to a property period
Not necessarily correct. It depends on the language of the agreement.
Additionally, and not specifically to your point, the terms Easement and ROW, get thrown around a lot and used interchangeably. They're not the same thing. No landowners are guaranteed an Easement by law.
Posted on 10/17/16 at 11:53 am to Palo Gaucho
quote:True, and to clarify my response to REB BEER, when I say R-O-W I mean a document that's agreed upon by both/all parties, signed by said parties and recorded at the courthouse.
Additionally, and not specifically to your point, the terms Easement and ROW, get thrown around a lot and used interchangeably. They're not the same thing. No landowners are guaranteed an Easement by law.
Posted on 10/17/16 at 11:56 am to SeaPickle
what does the title deed to the land say. Is the right of way to the land mentioned.
I know someone who had a farm house that was on the back six acres of some property. New people bought the larger parcel and didnt want the guy using "their" driveway to get to his house. They put up a gate, and he sued and the settlement was they had to pay to build ingress into his property from the county road if they didn't want him using their driveway because the right of way was on the Deed's notes.
I know someone who had a farm house that was on the back six acres of some property. New people bought the larger parcel and didnt want the guy using "their" driveway to get to his house. They put up a gate, and he sued and the settlement was they had to pay to build ingress into his property from the county road if they didn't want him using their driveway because the right of way was on the Deed's notes.
Posted on 10/17/16 at 12:02 pm to Napoleon
quote:
I know someone who had a farm house that was on the back six acres of some property. New people bought the larger parcel and didnt want the guy using "their" driveway to get to his house. They put up a gate, and he sued and the settlement was they had to pay to build ingress into his property from the county road if they didn't want him using their driveway because the right of way was on the Deed's notes.
I am pretty damn sure that if you legally subdivide a piece of property, you must provide access to the property if it is not otherwise accessible from an existing road.
Posted on 10/17/16 at 12:04 pm to Boudreaux35
I've not heard that as a law, however most Parishes (Police Jury) now want to review all property subdivisions and try to avoid creating additional land locked property.
Also, people think that banks won't lend on land locked tracts. That's not the case. You can still get financing just at a lower percentage.
Also, people think that banks won't lend on land locked tracts. That's not the case. You can still get financing just at a lower percentage.
This post was edited on 10/17/16 at 12:09 pm
Posted on 10/17/16 at 12:16 pm to Boat Motor Bandit
quote:Nope
AlxTgr your wrong. If the landowner has ROW access then anyone he extends that permission too as a use of his property does as well. That has been brought and tried in court by every redneck and coonass in Louisiana. You cannot deter granted access to a property period.
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