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Guy blocking access to farmland: legal recourse?

Posted on 5/20/18 at 7:50 pm
Posted by deltaland
Member since Mar 2011
90711 posts
Posted on 5/20/18 at 7:50 pm
Ok here is the situation. We lease a block of land which is behind a row of houses. The only access road to the land is a gravel road between 2 of the house. One of the houses driveway is connected to this private access road. The owner of this house died and it was recently bought. New owner says he will block the access road with a gate because wife is worried about trucks and tractors stirring up dust and being a danger to their grandkids playing.

New owner does not own the access road, his property ends at the edge of it. The owner of the road is the guy we lease the land from however the road itself is not included in the lease acreage, and the road was an established road years before the houses existed. It would cost me 20k to build a new road around the row of houses. We maintain the gravel and grading of the road since we use it heavily.

If the new home owner goes through with blocking access, what legal recourse should be taken? The owner of the road does business with the new home owner and doesn't want to ruin that business, so he said he isn't getting involved on either side.
Posted by jimbeam
University of LSU
Member since Oct 2011
75703 posts
Posted on 5/20/18 at 7:51 pm to
We’re gonna need a Microsoft paint map baw
Posted by Hook Em Horns
350000 posts
Member since Sep 2010
15099 posts
Posted on 5/20/18 at 7:52 pm to
how about not being a huge pussy?
Posted by BayouBandit24
Member since Aug 2010
16577 posts
Posted on 5/20/18 at 7:53 pm to
Take him to court baw
Posted by ForeverLSU02
Albany
Member since Jun 2007
52148 posts
Posted on 5/20/18 at 7:53 pm to
Sounds like you're screwed if the guy you're leasing from isn't interested in taking any action
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63072 posts
Posted on 5/20/18 at 7:53 pm to
quote:

The owner of the road does business with the new home owner and doesn't want to ruin that business, so he said he isn't getting involved on either side.


Sounds like he's letting it happen. Not sure what you could do. Tear down whatever is put up and see what happens.
This post was edited on 5/20/18 at 7:58 pm
Posted by OweO
Plaquemine, La
Member since Sep 2009
113976 posts
Posted on 5/20/18 at 7:53 pm to
They can only block what they own and if they do that then there really isn't anything that can be done.
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
142072 posts
Posted on 5/20/18 at 7:54 pm to
Posted by Lynyrd
Under the Tilt-a-Whirl
Member since Jun 2010
13175 posts
Posted on 5/20/18 at 7:55 pm to
You have a weight rack on the front. Drive the tractor through it. They shouldn't be able to block it.
Posted by CapperVin
Member since Apr 2013
10546 posts
Posted on 5/20/18 at 7:56 pm to
Posted by 100851
Member since Jan 2015
107 posts
Posted on 5/20/18 at 7:56 pm to
Get a plat map. Either you have right of passage or you done.
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
63407 posts
Posted on 5/20/18 at 7:56 pm to
White trash the lease land up until the home owner caves.
Posted by Tigerpaw123
Louisiana
Member since Mar 2007
17264 posts
Posted on 5/20/18 at 7:57 pm to
quote:

The owner of the road does business with the new home owner and doesn't want to ruin that business, so he said he isn't getting involved


All that matters

Now if he really means he ain’t getting involved then it is you against them, and it appears you have heavy machinery on your side, but as soon as you get ugly the owner will get involved
Posted by redstick13
Lower Saxony
Member since Feb 2007
38547 posts
Posted on 5/20/18 at 7:57 pm to
You have the equipment to make the road go away. Plow it up and see how old boy likes building his own.
Posted by Pvt Hudson
Member since Jan 2013
3571 posts
Posted on 5/20/18 at 7:57 pm to
Check with the title company that closed the new guy’s deal. See if an easement was granted for the road. If so, he can’t block access. If not, you could be in trouble.
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
14811 posts
Posted on 5/20/18 at 7:58 pm to
I'd renegotiate my lease of the land with the owner, to account for the difference in having to pay out of pocket to construct a new road.

The trick is to frame it in a way that the owner of the leased land sees benefit in having an additional entry to the land.
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65779 posts
Posted on 5/20/18 at 7:58 pm to

Is there electricity on the lease
Posted by HogBalls
Member since Nov 2014
8591 posts
Posted on 5/20/18 at 7:58 pm to
How big an ol boy is he?
Posted by IonaTiger
The Commonwealth Of Virginia
Member since Mar 2006
33053 posts
Posted on 5/20/18 at 7:59 pm to
I'm not admitted to practice law down there so the only advise I can give you is to see a lawyer about whether you have an easement (or one has been created over a period of time). Good luck.
Posted by deltaland
Member since Mar 2011
90711 posts
Posted on 5/20/18 at 8:00 pm to
quote:

how about not being a huge pussy


I've talked to the guy he understands the issue and is very nice. It's his wife driving the issue and I offered to put white limerock down to cut down on dust (way cheaper than building a new road) and he said he would talk to her but ultimately he is going to do what she wants him to I believe
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