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re: Guy blocking access to farmland: legal recourse?

Posted on 5/20/18 at 8:00 pm to
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
63552 posts
Posted on 5/20/18 at 8:00 pm to
quote:

How big an ol boy is he?


quote:

their grandkids


Arthritic knuckles.
Posted by S
RIP Wayde
Member since Jan 2007
155929 posts
Posted on 5/20/18 at 8:00 pm to
Hook Em Horns stop.
Posted by Fonzarelli
Dallas
Member since Jan 2015
3972 posts
Posted on 5/20/18 at 8:00 pm to
quote:

legal recourse?


Where’s the nearest sonic?
Posted by stewie
Member since Jan 2006
3952 posts
Posted on 5/20/18 at 8:01 pm to
does that land owner care about rental income on his farm land?

The new homeowner doesn’t own the land and doesn’t have a right to block access on someone else’s property.

If he doesn’t like it, move.
Posted by prostyleoffensetime
Mississippi
Member since Aug 2009
11474 posts
Posted on 5/20/18 at 8:02 pm to
quote:

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.


Long term, 20k is not too bad of an investment on a farm’s infrastructure if it’s a productive piece of land.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63225 posts
Posted on 5/20/18 at 8:03 pm to
quote:

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



Next time you see him, ask him if the man of the house is around so you can get this thing worked out.
Posted by Badman
West Monroe, LA
Member since Nov 2009
2703 posts
Posted on 5/20/18 at 8:04 pm to
You might need to get a lawyer involved, but this is a pretty easy case. Like u said, he doesn’t own the road. So he would be trespassing if he blocked the road since you said the road was privately owned by u.

A compromise might be for him to put up a locked gate and give u guys a key.
This post was edited on 5/20/18 at 8:06 pm
Posted by deltaland
Member since Mar 2011
90890 posts
Posted on 5/20/18 at 8:04 pm to
quote:

Is there electricity on the lease




Yes
Posted by subMOA
Komatipoort
Member since Jan 2010
1724 posts
Posted on 5/20/18 at 8:04 pm to
How many acres you talking about? Depends on what revenue loss you will see.

I have seen some interesting things happen in situations like this....

For instance....I went to look at a tractor with 2 pans behind it- I told my friend (farmer) the tractor was fine, but I had moved it from
where it was parked- he said, “I hope you didn’t dump the material in the buckets...I just lost that piece, so I’m taking the road with me” Sure enough- he moved the road he had put in 36 yards at a time about 3 miles away.

In the end, I think you can get some enjoyment out of the whole deal.
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65974 posts
Posted on 5/20/18 at 8:06 pm to

Is the property "landlocked" IOW the current easement was used as entry due to necessity
Posted by Peazey
Metry
Member since Apr 2012
25418 posts
Posted on 5/20/18 at 8:06 pm to
Consult with an attorney.
Posted by deltaland
Member since Mar 2011
90890 posts
Posted on 5/20/18 at 8:08 pm to
It's about 100 acres of catfish ponds
Posted by subMOA
Komatipoort
Member since Jan 2010
1724 posts
Posted on 5/20/18 at 8:08 pm to
quote:

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



You’ll be fine- If you slow way down when y’all pass- the Mrs. will chill out pretty quick.
Posted by RiverRoadTiger
River Parishes
Member since Aug 2006
659 posts
Posted on 5/20/18 at 8:08 pm to
If this access road is the legal right of way that the lessor owns and grants to the property your leasing, they can’t stop you from using it.
Posted by Clark W Griswold
THE USA
Member since Sep 2012
10512 posts
Posted on 5/20/18 at 8:08 pm to
If he doesn’t own the road but tries to block it I’d just drive through it. Or burn his house down and have one of your illegals take the fall.
Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 5/20/18 at 8:08 pm to
So it's a public road? Tear the fricking gate off the hinges and tell them to pound sand.
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
51388 posts
Posted on 5/20/18 at 8:10 pm to
quote:

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.


I don't see how this is complicated. If those homeowners don't own the road, then they can't build a gate on it that blocks access.

There is nothing to negotiate with them.

If they were concerned about dust, they should have approached the owner of the road and discussed it like adults instead of going to the extreme by threatening to block access.
This post was edited on 5/20/18 at 8:12 pm
Posted by el Gaucho
He/They
Member since Dec 2010
53122 posts
Posted on 5/20/18 at 8:12 pm to
How many catfish plants is that
Posted by jlntiger
Member since Feb 2011
1444 posts
Posted on 5/20/18 at 8:12 pm to
You wouldn't think this would be an issue in a farming community . I assume you live in one. I am not a lawyer but don't think he can prevent you from getting to the land .
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65974 posts
Posted on 5/20/18 at 8:13 pm to
Additionally, if they interrupt business they can be held civilly liable for the lost production values. This may turn out to be more of the land owner vs. homeowner, not OP. His lease implies access.
This post was edited on 5/21/18 at 7:37 am
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