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Guy blocking access to farmland: legal recourse?
Posted on 5/20/18 at 7:50 pm
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.
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 on 5/20/18 at 7:51 pm to deltaland
We’re gonna need a Microsoft paint map baw
Posted on 5/20/18 at 7:52 pm to deltaland
how about not being a huge pussy?
Posted on 5/20/18 at 7:53 pm to deltaland
Sounds like you're screwed if the guy you're leasing from isn't interested in taking any action
Posted on 5/20/18 at 7:53 pm to deltaland
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 on 5/20/18 at 7:53 pm to deltaland
They can only block what they own and if they do that then there really isn't anything that can be done.
Posted on 5/20/18 at 7:55 pm to deltaland
You have a weight rack on the front. Drive the tractor through it. They shouldn't be able to block it.
Posted on 5/20/18 at 7:56 pm to Hook Em Horns
Get a plat map. Either you have right of passage or you done.
Posted on 5/20/18 at 7:56 pm to deltaland
White trash the lease land up until the home owner caves.
Posted on 5/20/18 at 7:57 pm to deltaland
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 on 5/20/18 at 7:57 pm to deltaland
You have the equipment to make the road go away. Plow it up and see how old boy likes building his own.
Posted on 5/20/18 at 7:57 pm to deltaland
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 on 5/20/18 at 7:58 pm to deltaland
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.
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 on 5/20/18 at 7:58 pm to deltaland
Is there electricity on the lease
Posted on 5/20/18 at 7:58 pm to deltaland
How big an ol boy is he?
Posted on 5/20/18 at 7:59 pm to deltaland
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 on 5/20/18 at 8:00 pm to Hook Em Horns
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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