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Property Boundaries

Mandity

Mandity

New Member
I have a problem. I have a property that I have permission to hunt and there is only one access road to this property surrounded by private. This one access road which is a driveway from another land owners property that runs through his back to the property I have permission to hunt. Well I have always been able to use it till now. I just got done setting a camera back there and starting couple mock scrapes was driving out of the driveway when I noticed the fellow on his porch so I stopped to chat and the conversation doesnt go far when he tells me he doesnt want me crossing through his property anymore. Well pretty much goes the same with the other landowners that surround this property. Question is how can I acess this property without breaking the law.
 
I think most properties like this have an easment somewhere to get to it. The ones I have delt with were on property lines and straight off a dead end road. I'd talk to land owner he should be able to tell u where it is. If he don't know I would think the county court house would. If that is the easment your using u have every right. Good luck
 
Like others said, legally there has to be an easement to access the property. There is one, someone probably just does not want to tell you.
 
I agree there is an easement somewhere but the landowner that gave you permission may not want you putting him at odds with his neighbors. Especially if he isnt a hunter. Just something for you to think about. The man that owns the driveway probably has to provide access to the property owner but that doesnt mean he has to give access to anyone else.
 
chappy said:
I agree there is an easement somewhere but the landowner that gave you permission may not want you putting him at odds with his neighbors. Especially if he isnt a hunter. Just something for you to think about. The man that owns the driveway probably has to provide access to the property owner but that doesnt mean he has to give access to anyone else.
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If it's an easement then it doesn't matter if it's the property owner or any person he gives permission to go on his property the other landowner cannot deny access through the easement.

If an easement is recorded it should be easy to go to the county courthouse and get a copy of the record then keep it on you when you use the easement to access the property. Anybody says anything show them the easement record.
 
I was always under the impression that an easement is given to the land owner and records the people allowed to use that easement. However a right-of-way (which is paid for), would give the opportunity for other people to use it as long as permission was given by people/person who purchased the right-of-way. I maybe wrong, which happens regularly, but if someone could give more information or knows more I would be interested.

Thanks
 
tandregg said:
I was always under the impression that an easement is given to the land owner and records the people allowed to use that easement. However a right-of-way (which is paid for), would give the opportunity for other people to use it as long as permission was given by people/person who purchased the right-of-way. I maybe wrong, which happens regularly, but if someone could give more information or knows more I would be interested.

Thanks
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I'm not an attorney so you may be right. I think the key again is to get a copy of the recorded easement and read the conditions. I have dealt with easements for water lines and power lines but not property access. That said a landlocked piece of property should have an easement that allows access to the property owner and others they allow access to their property. My advice to the OP is get a copy of the easement and go from there.
 
I have a similar situation in that the easiest access to a hunting area is by way of an easement (which is the driveway for a guys home). The guy who lives there is kind of a goon and got after me for hunting on the land around him. I told him I had permission to hunt the land and was just using his driveway for access since it is the easement. Fortunately I do have another way in to this property so I just started using that instead rather than taking the risk of getting into another discussion with the goofy fella. But as mentioned above, finding the easement may not be the only thing that should be done. If you have an easement and it is legally okay for you to use it, I would still consult with the landowner who is letting you hunt. Don't want to make any unnecessary problems for him with the other property owner. Just a thought.
 
Monster, Im not sure you are right but you could be. My main point was he may be putting the two landowners at odds. He may want to talk to the guy who gave him permission before going to the courthouse.
 
There is an easement going through our business property to enter another business property next door and if an easement was only specific to the person who owned the property then none of their customers could legally get there.. as long as you have permission from person who owns the land you are accessing, there shouldnt be a problem if there is a legal easement
 
jesserichard said:
Yes there has to be an easment to get to the land locked property.
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My land was transferred to my dad in the early seventies (by will). Used to be a contiguous 60 acre timber lot, it was split into 3 different lots at that time. My dad was the only one not to have access, but he didn't give it much thought because he got along well with the other owners. Fast forward to 2012 and this is a different case with new landowners other than us. We contacted our lawyer about access and he said that we still have the right of entry by the shortest easiest route by law, although simply "getting along" is the best route to take. These days with the advent of GIS, the court house will not transfer deeds on landlocked property with out access (unless it is willed etc.) We have since tried to purchase a drive heading back through a field or just get an easement. We have an adjoining owner who allows us to walk our woods but still kinda sucks when hanging stands, clearing/grubbing etc.

If anybody else has had a different outcome let me know cause we're not getting rid of the ground but would love better access.
 
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