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Laws about granting access #4056841
01/09/24 02:23 PM
01/09/24 02:23 PM
Joined: Jul 2015
Posts: 205
Clear Springs, Al
S
stl32 Offline OP
4 point
stl32  Offline OP
4 point
S
Joined: Jul 2015
Posts: 205
Clear Springs, Al
What are the laws about granting access to a neighbor. The situation is, he is wanting to use my gate and road to get to the backside of his property. He has road frontage and has a small creek that crosses his property. He could cross creek, build bridge or low water crossing, but it would require work and money. So he wants to come through me. I have said if he is logging sure no problem. He wanting access for hunting and I have drawn the line saying no.

Just wondering what the law gurus have to say.

Re: Laws about granting access [Re: stl32] #4056844
01/09/24 02:26 PM
01/09/24 02:26 PM
Joined: Jul 2011
Posts: 34,843
Boxes Cove
2Dogs Offline
Freak of Nature
2Dogs  Offline
Freak of Nature
Joined: Jul 2011
Posts: 34,843
Boxes Cove
Sounds like you're in the drivers seat and don't have to grant him access if you don't want to.



"Why do you ask"?

Always vote the slowest path to socialism.







Re: Laws about granting access [Re: stl32] #4056845
01/09/24 02:26 PM
01/09/24 02:26 PM
Joined: Nov 2011
Posts: 21,811
USA
R
Remington270 Offline
Freak of Nature
Remington270  Offline
Freak of Nature
R
Joined: Nov 2011
Posts: 21,811
USA
He doesn’t have a leg to stand on.

Be as good of a neighbor as you want to be, but he doesn’t have a legal right to it.

Re: Laws about granting access [Re: stl32] #4056854
01/09/24 02:37 PM
01/09/24 02:37 PM
Joined: Nov 2011
Posts: 10,651
A
abolt300 Offline
Booner
abolt300  Offline
Booner
A
Joined: Nov 2011
Posts: 10,651
It has always been my understanding that if the property in question is contiguous with his other property and he already has road frontage, then you have no obligation to provide access across yours. Only exceptions would be deeded easement or historical access over a number of years.

Re: Laws about granting access [Re: stl32] #4056871
01/09/24 03:19 PM
01/09/24 03:19 PM
Joined: Dec 2002
Posts: 11,455
Kennedy, al
G
globe Offline
Booner
globe  Offline
Booner
G
Joined: Dec 2002
Posts: 11,455
Kennedy, al
I agree, sounds like he has access


Everything woke turns to shucks
Re: Laws about granting access [Re: stl32] #4056874
01/09/24 03:22 PM
01/09/24 03:22 PM
Joined: Nov 2005
Posts: 3,856
Jasper
B
buckhunter2 Offline
10 point
buckhunter2  Offline
10 point
B
Joined: Nov 2005
Posts: 3,856
Jasper
The answer depends on how many acres he has and how good the turkey population is.

Legally- he has no legs to stand on.


You're only as good as your worst shot-
Re: Laws about granting access [Re: stl32] #4056878
01/09/24 03:28 PM
01/09/24 03:28 PM
Joined: Nov 2014
Posts: 13,098
Montgomery, Alabama
jaredhunts Offline
Puts sugar in his cornbread!
jaredhunts  Offline
Puts sugar in his cornbread!
Joined: Nov 2014
Posts: 13,098
Montgomery, Alabama
Buy the backside of his property.


It be's that way sometimes.

www.sunpoolcompany.com
Re: Laws about granting access [Re: abolt300] #4056881
01/09/24 03:31 PM
01/09/24 03:31 PM
Joined: Mar 2009
Posts: 7,579
lower shelby county
XVIII Offline
14 point
XVIII  Offline
14 point
Joined: Mar 2009
Posts: 7,579
lower shelby county
Originally Posted by abolt300
historical access over a number of years.



I've seen this not stand up in court


A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Re: Laws about granting access [Re: stl32] #4056883
01/09/24 03:33 PM
01/09/24 03:33 PM
Joined: Feb 2011
Posts: 4,849
LASW
turkey247 Offline
12 point
turkey247  Offline
12 point
Joined: Feb 2011
Posts: 4,849
LASW
Legally - you don’t have to grant access for hunting or timber harvesting.

Does he have an obstacle - sure. But his entire tract technically has road frontage.

Re: Laws about granting access [Re: stl32] #4056887
01/09/24 03:35 PM
01/09/24 03:35 PM
Joined: Jul 2015
Posts: 205
Clear Springs, Al
S
stl32 Offline OP
4 point
stl32  Offline OP
4 point
S
Joined: Jul 2015
Posts: 205
Clear Springs, Al
I want to be a good neighbor but I'm not letting him come and go during season as he wants. He should have thought of that before he bought it.

Re: Laws about granting access [Re: stl32] #4056892
01/09/24 03:43 PM
01/09/24 03:43 PM
Joined: Aug 2016
Posts: 2,476
AL, Wetumpka
J
jake5050 Online IMG_0051.GIF
10 point
jake5050  Online IMG_0051.GIF
10 point
J
Joined: Aug 2016
Posts: 2,476
AL, Wetumpka
He has no legal right to it. He just wants an easier means to access part of his and it doesn't work like that

Last edited by jake5050; 01/09/24 03:43 PM.
Re: Laws about granting access [Re: stl32] #4056905
01/09/24 04:00 PM
01/09/24 04:00 PM
Joined: Mar 2012
Posts: 3,429
Here
Okatuppa Offline
10 point
Okatuppa  Offline
10 point
Joined: Mar 2012
Posts: 3,429
Here
Tell him to pound sand, then go put a ladder stand on his property line.
Facing your side of the line, of course. 😁


I ain't fightin nobody that swings around in trees with a running chainsaw like Tarzan. - FurFlyin

Oh I just thought u were a dumba$$ 🤣 my apologies… - jb20
Re: Laws about granting access [Re: stl32] #4056908
01/09/24 04:06 PM
01/09/24 04:06 PM
Joined: Oct 2012
Posts: 10,707
Central, Al
Bustinbeards Offline
Booner
Bustinbeards  Offline
Booner
Joined: Oct 2012
Posts: 10,707
Central, Al
If he offered to make it worth it for you possibly.

Doesn’t sound like he’s trying to sweeten the deal like a good neighbor, sounds like more of a one way deal to me.


Really sounds like he needs to build a crossing or bridge


Tell him BOFF has some bridges for sale in the classified section. laugh


Originally Posted By: Wiley Coyote
Well, the way I see it is there's just too many assholes
On a good day there's a bunch of assholes in here. On a bad day there's too many assholes in here.
Re: Laws about granting access [Re: stl32] #4056912
01/09/24 04:16 PM
01/09/24 04:16 PM
Joined: Apr 2015
Posts: 166
N Alabama
Z
zwick Offline
3 point
zwick  Offline
3 point
Z
Joined: Apr 2015
Posts: 166
N Alabama
See if he will write you a permit to hunt on the side of the creek he wants access to. He will likely find a way across the creek eventually.







Re: Laws about granting access [Re: stl32] #4056914
01/09/24 04:18 PM
01/09/24 04:18 PM
Joined: Mar 2020
Posts: 7,214
Free State of Winston
F
FreeStateHunter Offline
They Call Me Gator 🐊
FreeStateHunter  Offline
They Call Me Gator 🐊
F
Joined: Mar 2020
Posts: 7,214
Free State of Winston
I have this exact situation on one of my leases except I’m the one needing the access. The road is on timber land but the neighbors have it leased. Through the years I’ve always maintained the road so he doesn’t have to, to include putting rock down, skid steer work and trimming it back. Never had any issues, in fact he often texts me and asks how we’re doing and all. Great neighbor and he kills some good ones on his place

Re: Laws about granting access [Re: stl32] #4056915
01/09/24 04:18 PM
01/09/24 04:18 PM
Joined: Aug 2001
Posts: 65,032
Luverne, AL
Skinny Offline
GUVNER
Skinny  Offline
GUVNER
Joined: Aug 2001
Posts: 65,032
Luverne, AL
I would not open up the can of worms you could get in the future by letting him have access. You could sell him a legal easement for coming and going but you are not obligated to do anything.


Never Trust Government

"You can be broke but you cant be poor." Ruthie-May Webster
Re: Laws about granting access [Re: Skinny] #4056918
01/09/24 04:20 PM
01/09/24 04:20 PM
Joined: Jan 2022
Posts: 1,147
Xroads
B
Backwards cowboy Offline
6 point
Backwards cowboy  Offline
6 point
B
Joined: Jan 2022
Posts: 1,147
Xroads
Originally Posted by Skinny
I would not open up the can of worms you could get in the future by letting him have access. You could sell him a legal easement for coming and going but you are not obligated to do anything.




It sad that you have to think this way every time you try to do something nice. But these days you do!

Re: Laws about granting access [Re: stl32] #4056937
01/09/24 04:40 PM
01/09/24 04:40 PM
Joined: Mar 2018
Posts: 9,648
Northwest Bama
R
Ridge Life Offline
14 point
Ridge Life  Offline
14 point
R
Joined: Mar 2018
Posts: 9,648
Northwest Bama
It will only work if you trust your neighbor, know your neighbor very well, and have a “family like” relationship… few cases are like FSHunters and last long enough for the work to pay off. Hopefully you’ll get it figured out.

Re: Laws about granting access [Re: stl32] #4057000
01/09/24 06:06 PM
01/09/24 06:06 PM
Joined: Apr 2013
Posts: 4,638
Alabama
R
Rmart30 Offline
10 point
Rmart30  Offline
10 point
R
Joined: Apr 2013
Posts: 4,638
Alabama
My grandfather lost land in walker co because he let his buddy neighbor use the back road for years.
Ole buddy died and kids went to sale the land and advertised this back road as access road. Long story short it went to court and they won since had been used for so many yrs. Even though the old buddy neighbor would have never done him wrong and was just happy to get to use it. The kids did the screwing.


Ethical behavior is doing the right thing when no one else is watching - even when doing the wrong thing is legal. Aldo Leopold .. (except when it comes to trailer tags)
Re: Laws about granting access [Re: stl32] #4057002
01/09/24 06:11 PM
01/09/24 06:11 PM
Joined: Aug 2002
Posts: 5,796
Lower AL
K
k bush Offline
12 point
k bush  Offline
12 point
K
Joined: Aug 2002
Posts: 5,796
Lower AL
No way I’d let them haul timber out unless they posted a cash bond to cover road repair after the harvest. Even then it might still be a NO.


"Cull" is just another four letter word...
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