[AT] Off Topic Property Right of Way

Chuck Saunders gooberdog at gmail.com
Tue Nov 4 05:57:28 PST 2014


I have not gotten anything in writing but like you, I probably should
Chuck

On Tue, Nov 4, 2014 at 6:51 AM, William Powell <
william.neff.powell at comcast.net> wrote:

> 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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