[AT] OT Right of way, again

Thu Apr 2 09:03:10 PDT 2015

I'm not a lawyer but I can assure you that "daily" is not reasonable and
could never be a justifiable legal requirement.  People routinely go away
on business trips or vacations.  People fall ill and may spend multiple
days laid up in bed.  Frequent and ongoing use is a reasonable requirement,
but daily is not.

SO

On Thu, Apr 2, 2015 at 10:52 AM, Richard Fink Sr <rfinksr at verizon.net>
wrote:

> I think here in PA that is key word you must have used it daily. Have
> heard many different versions, but have a personal friend that let a guy
> use a drive across his property and it was often but not daily. It was
> weekly court said it was enough to grant him the right away.
> R Fink
> PA
>
> On 4/1/2015 5:31 PM, Dave Rotigel wrote:
> > I am aware of that "10 year" rule here in PA. A good friend allowed a
> utility company to use a private road that ran on his land. Once each
> decade (on the years ending with "0") Dick would block the road and put up
> a sign.(He would just put a rope across the road and hang the sign on the
> rope.) He would always block the road on a Sunday and call the utility
> company first to warn them that the road would be closed. I have NO IDEA
> what the law may be in other states (or how someone could claim that they
> have used the road every day for 10 years and it had never been blocked).
> >       Dave
> > PS, My wife just sold a land locked parcel of 10a to the next door
> neighbor who had a public road in front of his property. Problem solved!
> >
> > On Apr 1, 2015, at 4:32 PM, Richard Fink Sr wrote:
> >
> >> Dave i have also had some done here 8 years ago. On an other note here
> >> in PA if you have used a drive for 10 years and not been stopped for any
> >> 24 hour time. The owner has relinquish right of way to you. Or you can
> >> file for emanate domain but it takes court time.
> >> R Fink
> >> PA
> >>
> >> On 3/31/2015 7:27 PM, David Rotigel wrote:
> >>> Hi Will,
> >>>     I've seen the damage that a logging road can do to a property. Are
> you willing to put the property back in the condition it was before the
> road was used for logging? When is the last time you used the road that you
> intend to use for logging? Many lawyers rill tell you anything you want to
> hear for their hourly fee. If the lawyer you are using simply tells you
> that you can "take it to court" she is correct. Winning the case is another
> thing! Also ask her what precedent she is using to tell you that you have a
> "good case"! Why were you told 40 years ago to not use the road? Was it the
> same owner at that time?
> >>>     I also think that if you came to me and in any way indicated that
> you were going to "take it to court" I would tell you "Fine, see you there.
> Now get the hell off my property!" My guess is that the guy could tie it up
> in court for years.
> >>>     Dave
> >>> PS, Having said all that I wish you good luck! And as has been said by
> several--BE NICE!
> >>>
> >>>> On Mar 31, 2015, at 5:41 PM, David Bruce <davidbruce at yadtel.net>
> wrote:
> >>>>
> >>>> I agree with Spencer you usually get further by being nice. In NC the
> >>>> law is any landlocked property must be provided an easement but that
> >>>> does require legal action if the other party is not accommodating
> (other
> >>>> states may and probably will vary). I would first have the
> conversation,
> >>>> offer some compensation if needed to get properly prepared paperwork
> >>>> signed. If that does not work time for court costs depending on the
> >>>> state laws.
> >>>>
> >>>> David
> >>>> NW NC
> >>>>
> >>>> On 3/31/2015 2:47 PM, Spencer Yost wrote:
> >>>>> Hey Will,
> >>>>>
> >>>>> Your lawyer will know all about this, but there's a thing called
> prescriptive easement. If you were truly landlocked, and especially if
> there's a long history of using the existing right-a-way, typically the
> court will grant you an easement. That is probably the route he/she is
> taking.  There are some fairly specific timetables and conditions that have
> to be met though.
> >>>>>
> >>>>> But, just remember to put yourself in his shoes and remember you are
> asking for something you probably would not even grant yourself.   Try to
> make an offer first.  In these circumstances I like to  remember my
> grandmothers adage:  Sugar is almost always a better ingredient than
> vinegar when trying to put something together.
> >>>>>
> >>>>> Good luck!
> >>>>>
> >>>>> Spencer
> >>>>>
> >>>>>> On Mar 31, 2015, at 13:01, Will Powell <
> william.neff.powell at comcast.net> wrote:
> >>>>>>
> >>>>>> Hello,
> >>>>>>
> >>>>>> I've brought this up before, I'm moving forward and would like some
> guidance.
> >>>>>>
> >>>>>> To review we have Land locked property in upstate NY. We've been
> using road through neighbors property for over 30 years.  Had a forester
> come in last year and we are moving toward a harvest. Forester wants a
> legal right of way. For about 30 years we previously used another road that
> went through a creek and was sometimes impassable, that road has long since
> grown over. The present road runs right through the center of neighbors
> property, it's about 80 acres? The  sides of his property are swamp and a
> hill, so re-routing the road on his property line would not be good. There
> used to be a camp on the property but that burned down about 40 years ago,
> when the camp was there we were asked not to use road.
> >>>>>>
> >>>>>> Talked to a lawyer and she said talk to the current owner and see
> if they will give us a right of way. If that does not work we have a good
> case to get one legally because 1) we have been using the road and 2) We
> need access to the property...
> >>>>>>
> >>>>>> What do I say when I call the owner? Should I offer him money? $350
> to motivate him?  I don't want to telegraph the punch and say if you don't
> we'll see you in court.
> >>>>>>
> >>>>>> Regards,
> >>>>>>
> >>>>>> Will
> >>>>>>
> >>>>>>
> >>>>>>
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