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Posted: 10/7/2007 3:49:29 PM EDT
I will try to keep this as simple as possible... My father and I hunt a piece of family property that we access via another family members property. Crossing their property is the only way to access our hunting area. Egress/ right of way has been written into the deed from waaaay back. I now have a cousin that is trying to block our access and she is saying that there is currently a law that will allow her to change the deed for the property and block our using it to get to our hunting area.

Does anyone know of this law?

For the record, we DO NOT hunt, scout or play on her property, we only cross through a couple of gates. Neither she nor her family hunt or use the field we cross. She leases the land to a cattle farmer for grazing. She does not even live up there. She does however not care for my dad, which I can understand, but still. I have never had any issues with her what so ever, but would like to go in enlightened.
Link Posted: 10/7/2007 6:52:48 PM EDT
Tag for answer.
Link Posted: 10/7/2007 7:11:32 PM EDT
[Last Edit: 10/7/2007 7:15:09 PM EDT by SETXshooter]
I also will continue to try and find the statute, but I have resolved this issue for now as for the egress. Few phone calls and some nice words work wonders. I am surprised that I was able to deal with my family so easily. Now the guy leasing the land from my cousin for cattle is another issue. My cousins property butts up to the property we hunt (duh) and the property we hunt belongs to my uncle and aunt, and that is also leased by the same guy for cattle. My uncle has never given the guy hunting rights to this land. This guy also has tons of land in the area leased for cattle. when I contacted this guy to find out if he intended to hunt near us he was the one that informed me that I needed to get my cousins permission to go on the property.

Anyway, me and dad go up this weekend to check out the blinds and throw some corn and find my feeder has been moved to another area and a new spinner attached ( i have not thrown corn for a while and was going to start managing again). There was also a hanging feeder ( rocket can type) near my blind and a blanket, pillow and empty 17 HMR case in my dad's blind. Keep in mind he has never been given hunting rights on this land and has been told that me and my father hunt there every year for the past 20+ years. WTF?

I would never go on to someones property and move there equipment around without asking, strike that, I would buy my own like everybody else does and discuss where it is ok to put it, AFTER I have been given hunting rights.

oh well, my cousin has said she has no issue with us crossing and appreciated me asking. I think the whole right of way issue stemmed from her not knowing it was written in the deed. I have never had any issues with that part of the family and was glad to get it settled.
Link Posted: 10/7/2007 7:46:19 PM EDT
Yep-called LAND LOCKED. Look online at property that is VERY cheap for the area. Most of it is LAND LOCKED-why its so cheap.
Link Posted: 10/7/2007 9:56:33 PM EDT
[Last Edit: 10/7/2007 9:57:23 PM EDT by firebugfab]

Originally Posted By AKJEFF:
Yep-called LAND LOCKED. Look online at property that is VERY cheap for the area. Most of it is LAND LOCKED-why its so cheap.


Simple, you said ingress/egress is deeded. As long as it was deeded completely un-encumbered(sp?) you have the absolute right to enter and exit the landlocked property through the deeded easement. As long as the deeded easement is well described in the deed by a metes and bounds description within the deed, then they can not legally deny access to the owners of the deeded easement. The only catch would be if the deeded easement had a "catch" such as a time restrictions or a restriction as to "whom" can use the ingress/egress easement. Now if the easement was not well described by metes and bounds or if it is not transferable to whoever no owns the landlocked parcel, you are good to go. Can they still put up gates and make it a PITA to use? Yes, they can. However, you can contact your local Sherrif or take them to court and you will win as long as the deeded easement is legal. Can they still be buttholes about it? Yes, but you have recourse within the law.

Now if the deeded easement is not really deeded or described within the deed, you have some issues.
We see quite a bit of this around my area. There are lots of landlocked parcels around here with deeded easements for ingress and egress. There are sometimes problems especially when it becomes a famly squabble but if it is a transferable, unrestricted deeded easement, it's good to go.

The problem is around here, deeded ingress/egress easements in the past have not been described very well.

That being said, there is also such a thing as an easement by prescription. That is such an easement that has been used for years but was never correctly deeded/described. The courts have continuously upheld such easments because the court is understanding of easements that are a necessity.

ONLY based on your post, you have no problem.

This link is state by state but might help you understand a little more about easements.
Link Posted: 10/8/2007 2:13:04 AM EDT
[Last Edit: 10/8/2007 2:13:46 AM EDT by FrydekAR]
Talk to the county attorney of the county this land is in. If indeed the easement is on record, the county attorney should be able to send a letter to this person telling them that they can't block access to your property. My neighbor tried to fence the easement to the property behind us and the property owner went to the county attorney and he sent a letter telling my neighbor he had to remove the fence, or face legal action.
Link Posted: 10/8/2007 7:06:46 AM EDT
Thank you all. I will continue to research this out for future reference.

Wes
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