[AT] Off Topic Property Right of Way

Joe Hazewinkel jahaze at aol.com
Mon Nov 3 10:23:23 PST 2014


I didn't take it as anything but pointing out the right words, you would have to say something really mean to offend me :-)

Enjoy, Joe

Sent via mobile device

On Nov 3, 2014, at 1:09 PM, Stephen Offiler <soffiler at gmail.com> wrote:

And I do NOT mean to pick on you, Joe, not at all.  I am careful to use the
correct terminology because it REALLY helps to speak the right language
when you're trying to discuss this with the county, or with an attorney.

SO

> On Mon, Nov 3, 2014 at 12:50 PM, Joe Hazewinkel <jahaze at aol.com> wrote:
> 
> Your right Steve, all I could think of was eminent domain since we use
> that at work all the time... Your classification is the correct one.
> 
> Enjoy, Joe
> 
> Sent via mobile device
> 
> On Nov 3, 2014, at 12:32 PM, Stephen Offiler <soffiler at gmail.com> wrote:
> 
> I agree with Joe except for terminology.  I *think* (but again I am not a
> lawyer) what he called "eminent domain" is really "adverse possession".
> Eminent domain is the government taking private property for public use
> with due compensation.  That's not an issue here.
> 
> SO
> 
>> On Mon, Nov 3, 2014 at 12:10 PM, Joe Hazewinkel <jahaze at aol.com> wrote:
>> 
>> 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
>> 
>> Sent via mobile device
>> 
>> 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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