[AT] OT Right of way, again

[charlie hill]

Will out of the blocks I wouldn't offer him anything.
I'd just ask him for access and see what he says.
If he want's to be compensated he'll probably bring it up
and then you can negotiate it.  If he's disagreeable
just tell him you'll have to talk to your attorney because
you thing you have a legal right to use the right of way but
that you'd prefer not to go that route.

It's one of those things you just have to play by ear.

Charlie

-----Original Message----- 
From: Will Powell
Sent: Tuesday, March 31, 2015 1:01 PM
To: Antique tractor email discussion group
Subject: [AT] OT Right of way, again

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






_______________________________________________
AT mailing list
http://www.antique-tractor.com/mailman/listinfo/at