[AT] OT Right of way, again

[Herb Metz]

Logging roads pack the ground in dry weather and turn the ground into a 
rutted bog in wet weather. The abandoned road used thirty years ago; if on 
your property, that logger can clear it out in short order  If using the 
neighbors road, take many "before" photos and insure they are well 
identified as to location. Herb(GA)

-----Original Message----- 
From: David Rotigel
Sent: Tuesday, March 31, 2015 7:27 PM
To: Antique tractor email discussion group
Subject: Re: [AT] OT Right of way, again

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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