[AT] Off Topic Property Right of Way

[Joe Hazewinkel]

I would contact the current owner first, but also check into easements that may exist.  The easiest place to check will be to get a copy of the deed to see if it provides for ingress/egress to your parcel.  Access laws can vary from state to state so your situation is likely unique for your area.

Now, since you have been using the road for access for more than seven years, eminent domain comes into play, you should consult legal council on this matter, but in general, if you have always used it, and the current owner hasn't stopped you from using it for a period of at least seven years, they cannot prevent you from continued use.

If you haven't spoken with the real owner, I would touch base with him.  I say real owner because often times the guy who yelled at your dad may not even be the owner (I run into that all the time).  It sounds like it might be time to get a legal easement for access.

Enjoy, Joe

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On 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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