[AT] OT Right of way, again

Spencer Yost yostsw at atis.net
Tue Mar 31 11:47:34 PDT 2015


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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