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re: Guy blocking access to farmland: legal recourse?
Posted on 5/21/18 at 11:20 am to Hammertime
Posted on 5/21/18 at 11:20 am to Hammertime
quote:
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
Sounds to me like the landowner may secretly want the lease to be dropped so he can lease to someone else for more money. He just doesn't want to be the bad guy though.
1
Posted on 5/21/18 at 11:26 am to deltaland
Bro, do you even real estate law? If that road has been historically used to access the property, he can’t legally block it, still probably going to cost you some legal fees to have this pointed out
Posted on 5/21/18 at 11:45 am to deltaland
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
Talk to a local attorney. You may have established rights by using and maintaining that road over time.
Posted on 5/21/18 at 11:57 am to Sid in Lakeshore
quote:
Talk to a local attorney. You may have established rights by using and maintaining that road over time.
What I was thinking.
Posted on 5/21/18 at 12:00 pm to deltaland
quote:
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.
drive truck thru said gate.
Posted on 5/21/18 at 12:06 pm to deltaland
Do the lease docs speak to the issue?
Posted on 5/21/18 at 12:11 pm to deltaland
quote:
The owner of the road is the guy we lease the land from however the road itself is not included in the lease acreage
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're gonna have to build that new road.
Posted on 5/21/18 at 12:20 pm to deltaland
Is this in Louisiana? If so, I don’t know the law around easements there.
But in any other state (the 49 non-Napoleonic ones) this is a DEAD SIMPLE issue. That road is an easement. Regardless of if it’s stated as such on any surveys or deeds.
If it was used for access before the house was there OR has been used regularly for access for several years, it is what is called an easement via adverse possession. (This is why you don’t just let “friendly” neighbors cross your land to get access to parts of their property. You are not being nice by doing such, you are being a sucker because if they do it for a few years and you want them to stop some day they can take you to court and force you to let them continue doing it by having it declared an easement under adverse possession).
Again, I don’t know about screwy Louisiana laws, but in Texas I had this happen recently to someone I know and the court ruled that it’s an easement. It doesn’t matter if you don’t own it, you have rights as a lesee! That coward landlord of yours implied access in his lease with you and he’s the first person I’d threaten. I bet that sorts it. But if it doesn’t, and the homeowner erects and obstruction, take the homeowner to court. You’d win. The law is pretty clear on this (in Texas anyway).
But in any other state (the 49 non-Napoleonic ones) this is a DEAD SIMPLE issue. That road is an easement. Regardless of if it’s stated as such on any surveys or deeds.
If it was used for access before the house was there OR has been used regularly for access for several years, it is what is called an easement via adverse possession. (This is why you don’t just let “friendly” neighbors cross your land to get access to parts of their property. You are not being nice by doing such, you are being a sucker because if they do it for a few years and you want them to stop some day they can take you to court and force you to let them continue doing it by having it declared an easement under adverse possession).
Again, I don’t know about screwy Louisiana laws, but in Texas I had this happen recently to someone I know and the court ruled that it’s an easement. It doesn’t matter if you don’t own it, you have rights as a lesee! That coward landlord of yours implied access in his lease with you and he’s the first person I’d threaten. I bet that sorts it. But if it doesn’t, and the homeowner erects and obstruction, take the homeowner to court. You’d win. The law is pretty clear on this (in Texas anyway).
Posted on 5/21/18 at 1:48 pm to Cooter Davenport
Found this article about land locked land in Louisiana. It does not specifically address this situation but has generally pertinent information.
Landlocked Land in LA Article
Landlocked Land in LA Article
Posted on 5/21/18 at 2:15 pm to Boudreaux35
quote:No other reasonable explanation
Sounds to me like the landowner may secretly want the lease to be dropped
Posted on 5/21/18 at 2:21 pm to nctiger71
Yup, so that article says what is true in Texas is also true in Louisiana. If there’s an established road that’s been used to access a landlocked ract for years, the court WILL rule that a “servitude of passage” ALREADY exists.
That homeowner doesn’t have a leg to stand on against you or your landlord. You have tenant’s rights as a lessee, don’t forget that!
That homeowner doesn’t have a leg to stand on against you or your landlord. You have tenant’s rights as a lessee, don’t forget that!
Posted on 5/21/18 at 2:32 pm to deltaland
Still waiting for the MSPaint map for further review.
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