[AT] Off Topic Property Right of Way

Henry Miller hank at millerfarm.com
Mon Nov 3 09:01:11 PST 2014


Are their other options? Most lots are not surrounded by one other property. 

Always start by contacting the current owner. He might suggest a different path (which might or might not be reasonable). He might want to sell. He might agree to giving you an easement. 

If that fails, being able to tell a judge that you tried the nice approach before getting a lawyer can bring things to your favor. 


On November 3, 2014 10:40:21 AM CST, Will Powell <william.neff.powell at comcast.net> wrote:
>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 
>  
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