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re: Guy blocking access to farmland: legal recourse?

Posted on 5/20/18 at 8:38 pm to
Posted by Lynyrd
Under the Tilt-a-Whirl
Member since Jun 2010
13178 posts
Posted on 5/20/18 at 8:38 pm to
Check easements. With having power in that acerage, their should be one. I dealt with some custom work and the old guy bitched everytime we legally came through. I had a key to the lock that allowed access. He would lock it to be a dick. I was leaving with a tractor/grain cart, combine, 18 wheeler. Asked him why he locked it and he said it was his property. I told him there was an easement that allowed me to go through it. He said he didn't care. I told him, I was going to ruin his gate or he could stop being a dick and unlock it. It got into a huge argument. He ended up paying for a new gate, even though, I could have opened it.
This post was edited on 5/20/18 at 8:48 pm
Posted by S
RIP Wayde
Member since Jan 2007
155937 posts
Posted on 5/20/18 at 8:41 pm to
I don’t remonstrate with laymen like you, chump.
Posted by heartbreakTiger
grinding for my grinders
Member since Jan 2008
138974 posts
Posted on 5/20/18 at 8:41 pm to
Sounds like the dude has no balls, probably should try to dick the wife to make her stop being a bitch
Posted by NoSaint
Member since Jun 2011
11308 posts
Posted on 5/20/18 at 8:45 pm to
quote:

Sounds like the landowner isn't living up to his terms of the lease then. I'd be surprised if an owner can lease land legally like that without providing access.


I’d venture, again, that step one is to dig in the lease.

We also don’t know the nature of other access to it.
Posted by nctiger71
North Carolina
Member since Oct 2017
1327 posts
Posted on 5/20/18 at 8:57 pm to
Do you have a written agreement with the landowner and does it not state that you have an easement (they may call it a servitude in LA) right of way to the property?

I think I would talk to the sheriff before I hired a lawyer. I find it hard to believe that someone can block a road that they do not own.

I googled easements in LA and there are articles about it but it does get complicated and LA law is different from the other 49 states as it is based on the Napoleonic code. You may need a real estate attorney. But what does your lease agreement say?
Posted by wickowick
Head of Island
Member since Dec 2006
45822 posts
Posted on 5/20/18 at 9:03 pm to
I’m sure you have a tractor large enough to yank that gate out of the ground with the quickness
Posted by Robin Masters
Birmingham
Member since Jul 2010
29997 posts
Posted on 5/20/18 at 9:04 pm to
Sounds like she needs some deep-dickin. Lay low until her old man leaves for work and then give her a solid poke in the whiskers.

Posted by The Great McGinty
Member since Jan 2017
1384 posts
Posted on 5/20/18 at 9:10 pm to
His property probably goes to center of road way for the same reason your landowner does not own access road. I'd say he had no legal right to block road. His wife should have realized that all that farmland is gonna be just as dusty as the access road.
Posted by White Bear
Yonnygo
Member since Jul 2014
14036 posts
Posted on 5/20/18 at 9:11 pm to
Dude, if you know for certain they dont own the road they have no leg to stand on and cannot legally gate or fence something they dont own. Sounds like they will be fun neighbors to deal with going fwd.
on edit, you have a shitty, puss-nutted landlord, too.
This post was edited on 5/20/18 at 9:14 pm
Posted by I B Freeman
Member since Oct 2009
27843 posts
Posted on 5/20/18 at 9:12 pm to
tell the landowner to fight the battle. Quit paying him rent until it is settled.
Posted by NoSaint
Member since Jun 2011
11308 posts
Posted on 5/20/18 at 9:18 pm to
quote:

You may need a real estate attorney. But what does your lease agreement say?


The concern is he initially called out very specifically both that this road is not included in the lease, and that while it would cost him money to be what he wants there’s potential alternative access points... and that the other guys business dealings seem more important than his own.

He’s giving us all the hurdles and asking us to produce the solution without giving us what he has going for him.
Posted by Jim Rockford
Member since May 2011
98351 posts
Posted on 5/20/18 at 9:20 pm to
Invite him to lunch at Sonic.
Posted by Spasweezy
Unfortunately, Louisiana
Member since Jan 2014
6622 posts
Posted on 5/20/18 at 9:21 pm to
Spray the homeowner with a hose while he’s in his car.
Posted by Haydo
DTX
Member since Jul 2011
2949 posts
Posted on 5/20/18 at 9:25 pm to
Man this is a lot of drama for a Facebook game
Posted by beebefootballfan
Member since Mar 2011
19048 posts
Posted on 5/20/18 at 9:53 pm to
Dump a truck load of fish guts upwind from his property. Wife won’t be worried about dust anymore when that starts baking in the summer sun.
Posted by TigerstuckinMS
Member since Nov 2005
33687 posts
Posted on 5/20/18 at 10:37 pm to
quote:

I’d also suggest inviting the couple out on the property, show them around, explain the crop cycle, and what to expect.
Then, dig a big hole...
Posted by deltaland
Member since Mar 2011
90891 posts
Posted on 5/20/18 at 10:53 pm to
Thanks for the suggestions. I'll look into easements and all that and if it can't be resolved between us then I'll have enough information to threaten legal action.
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65974 posts
Posted on 5/20/18 at 11:00 pm to

I honestly think if you even hint at lost business damages the landowner will be smart enough to have a serious discussion with the couple. They are on the hook to you, not the other way around. You can prove harm no one else can.
Posted by 75503Tiger
Member since Sep 2015
4217 posts
Posted on 5/20/18 at 11:02 pm to
IMHO your ladlord has two choices.
1. Tell his new friend that the road remains open until your crop cycle is reached. At that point he will be forced to renegotiate the lease with you.
2. Block the road and be sued by you for losing your crop. Also deal with finding a new lessee.
Posted by dbeck
Member since Nov 2014
29453 posts
Posted on 5/20/18 at 11:05 pm to
Next time this guy gives you any lip, spray him with a garden hose.
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