[AT] Off Topic Property Right of Way

Will Powell william.neff.powell at comcast.net
Mon Nov 3 08:40:21 PST 2014


Hello, 
  
After hiring a forester to look over 109 acres of family owned land in upstate NY's Tug Hill region the recommendation is "Harvest". He has provided 3 plan options, each one with different price points. I like the highest cost because he sends out to 10 bidders and manages everything. Land is in family trust with 5 members so I like the managed approach. 
  
One of the main bottlenecks to the harvest is the right of way into the property. There is a road we have been using for over 35 years that cuts through 50 acres between our property and the road. My great uncle owned the 50 acres in the past and sold it to the current owner. The current owner had a camp back in the 60's and they used to give us a hard time about using their road. Their camp burned down early 70's and we have been using the road since.   
  
Not sure if my uncle secured a right of way, I don't think he did. (I will be checking the deeds)  We had a road back from the 40's to the 70's that went through a stream but that has grown over. 
  
There was one confrontation with the current owner when my father was mowing the road , he was stopped and confronted. My father said "We need access to our property and we could go the expensive route through a judge if he wanted to go that way".  The guy said use the road but don't fix it up. 
  
I'm done not being able to fix the road. I have an RV that I want to bring onto the property and I want the road fixed... 
  
So, what are my options? Should I contact the current owner or should I just appy somehow through the county for a right of way? 
  
Regards, 
  
Will 
  



More information about the AT mailing list