[AT] Off Topic Property Right of Way

Tue Nov 4 04:51:10 PST 2014

Chuck,

Did you get something written for the permission you have granted your
neighbor? 

I have a neighbor that is cutting a section of my property that runs into
his back yard. I have given him verbal permission. We have also made a
border monument together where the rebar marks the corner.  I always felt I
should get something in writing....

Regards,

Will

-----Original Message-----
From: at-bounces at lists.antique-tractor.com
[mailto:at-bounces at lists.antique-tractor.com] On Behalf Of Chuck Saunders
Sent: Monday, November 03, 2014 9:37 PM
To: Antique tractor email discussion group
Subject: Re: [AT] Off Topic Property Right of Way

The key phrase is against their wishes. Use must be notorious (flagrant
unauthorized use). The owner has granted limited permission therefore it is
not notorious and adverse possession will not apply. That is my landowner
understanding as I have my neighbor's driveway clips the corner of my land
and I have given him permission to use which prevents the notorious use
clock. The permission is revokable and when I revoke it becomes my burden to
enforce the denial of use to prevent the clock from ticking.
Chuck Saunders
KCMO

On Mon, Nov 3, 2014 at 8:08 PM, Cecil R Bearden <crbearden at copper.net>
wrote:

> In OK, if the road has been there for 15 years against the owner's 
> wishes, then the property is awarded to the "squatter" by adverse 
> possession.
>
> However before you ever talk to the owner, research all deeds or have 
> them with you and see a qualified attorney.  I have saved many times 
> more their salary by using a good attorney.
>
> Also attorney's are just like the rest of us working stiffs.  They 
> work cheaper for cash!!!!!
>
> Cecil in OKla
>
>
>
> On 11/3/2014 5:09 PM, Charlie V wrote:
> > Sometimes the least expensive approach turns out to be the most
> expensive.
> > I agree with Steve.  Consult an attorney now and find out exactly 
> > where
> you
> > stand before doing anything else.  You now have a legal right of way 
> > by deed, or you don't.  If you do, you are golden except for 
> > officially advising the neighbor.  If you do not......Your attorney 
> > will suggest to you your options.
> >
> > Charlie
> >
> > On Mon, Nov 3, 2014 at 12:14 PM, Stephen Offiler 
> > <soffiler at gmail.com>
> wrote:
> >
> >> First of all, I am not a lawyer.  Second, laws vary by state and I 
> >> have
> no
> >> personal experience in New York.
> >>
> >> What I believe you need ideally is a "deeded right-of-way" which is
> granted
> >> to you by the landowner.  I see that you are checking the deed to 
> >> see if this already exists.  If not, the county can't grant it for 
> >> you.  It is
> an
> >> agreement you must reach with the landowner.
> >>
> >> There might be another option, called a "prescriptive easement".
> Sometimes
> >> known as "adverse possession".  This is a right to a property that 
> >> you
> gain
> >> by openly using the property.  Laws vary A LOT by state.  You don't
> need an
> >> agreement with the landowner but I greatly doubt you'll have much 
> >> luck
> in
> >> this area without using a local real estate attorney.
> >>
> >> SO
> >>
> >>
> >> On Mon, Nov 3, 2014 at 11:40 AM, 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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> >>>
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