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re: Guy blocking access to farmland: legal recourse?
Posted on 5/20/18 at 11:33 pm to NoSaint
Posted on 5/20/18 at 11:33 pm to NoSaint
The OP has a lease but did not say if it is written or verbal. Probably written.
The lease may not cover the road but some where in it there may be a clause about a ROW easement and could state its specific location. I take your point that he may have eliminated those possibilities in the initial post. Just kicking over every stone.
If there is a written agreement I wonder if his lawyer reviewed it. Regardless, one would think he would have the law on his side given the road was there years before the houses.
The lease may not cover the road but some where in it there may be a clause about a ROW easement and could state its specific location. I take your point that he may have eliminated those possibilities in the initial post. Just kicking over every stone.
If there is a written agreement I wonder if his lawyer reviewed it. Regardless, one would think he would have the law on his side given the road was there years before the houses.
0
Posted on 5/21/18 at 2:38 am to deltaland
The lady sounds like a idiot
Posted on 5/21/18 at 5:34 am 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.
You need a new lease somewhere else.
Posted on 5/21/18 at 5:50 am to deltaland
quote:
It's about 100 acres of catfish ponds
Why dont you ditch that knuckle dragging operation and move into something more soohisticated, like web hosting?
Problem solved.
Posted on 5/21/18 at 5:54 am to TDFreak
I'm not sure where catfish farmers get together to BS and buy supplies, but I'd recommend bringing this issue up there too. Make sure everyone knows how much of a pita this new neighbor is and how much of a pain the owner is. Not sure how long your lease terms are for catfish ponds, but I'd do your best now to prevent someone else from offering top dollar next time it's up because you know dang well you don't want to anymore.
Posted on 5/21/18 at 6:01 am to ThatMakesSense
quote:
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.
If there is no easement on the road, this is your wisest option. Land owner would have a tough time leasing land with no entry
Posted on 5/21/18 at 6:07 am to deltaland
Get a restraining order...then get back to work.
Posted on 5/21/18 at 6:22 am to deltaland
He has to grant you access. I believe it's called an easement of necessity.
Posted on 5/21/18 at 6:59 am to deltaland
He can’t.
If his property is in front of yours and it’s the only access to the property, he has to allow access to the property
If his property is in front of yours and it’s the only access to the property, he has to allow access to the property
Posted on 5/21/18 at 7:01 am to deltaland
Posted on 5/21/18 at 7:10 am to AUsteriskPride
Now that is impressive.
Posted on 5/21/18 at 7:29 am to deltaland
Maybe I'm missing something but the "new owner" cannot gate off a road that he doesn't own.
He can put a gate at the edge of it, but that doesn't sound like it will block your access.
quote:
New owner does not own the access road, his property ends at the edge of it.
He can put a gate at the edge of it, but that doesn't sound like it will block your access.
Posted on 5/21/18 at 7:35 am to Boudreaux35
quote:
Maybe I'm missing something but the "new owner" cannot gate off a road that he doesn't own.
Neither of them own or lease the road
The actual owner is being terrible and saying “whatever, y’all work it out”
That is tacit approval of the fence at this point
Posted on 5/21/18 at 7:36 am to NoSaint
Land with no access must rent pretty cheap I'd think...
Posted on 5/21/18 at 7:42 am to deltaland
quote:
New owner does not own the access road, his property ends at the edge of it.
So he can't do shite.
Posted on 5/21/18 at 7:49 am to BuckyCheese
quote:
Land with no access must rent pretty cheap I'd think...
Yes. The right answer here is to take the money saved on leasing land with no road access and buying a helicopter or one of those new uber planes.
Posted on 5/21/18 at 8:42 am to deltaland
So someone who doesn't own a road gates it up, and your landowner doesn't care? How does he expect you to get in there?
Tell him to move the effing gate, or you'll drop the lease and tell everyone in town
Tell him to move the effing gate, or you'll drop the lease and tell everyone in town
Posted on 5/21/18 at 8:50 am to Hammertime
If the land has a legal easement go to the courthouse and look up the plat of land you are leasing. It should be marked clearly where the ROW to the land you are leasing is. Show that to the guy with the gate and if he argues any call the sheriff and problem is solved.
Posted on 5/21/18 at 9:13 am to prostyleoffensetime
quote:
Long term, 20k is not too bad of an investment on a farm’s infrastructure if it’s a productive piece of land.
Sure, if you own the land.
OP doesn't.
Still might be worth it if the only other option is to relocate 100 acres of catfish ponds. I have no idea how much something like that would cost, but I can't imagine it would be cheap.
Posted on 5/21/18 at 9:15 am to AUsteriskPride
Damn. Did not see that coming.
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