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Iso
by AustinC. 05/21/24 05:01 PM
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21 registered members (Sgiles, jtillery, BCLC, Mulcher, woodduck, klay, jake5050, handihunter, Jwbfx4, dave260rem!, trlrdrdave, TEM, MTeague, twaldrop4, RCHRR, CKyleC, Whild_Bill, IDOT, 3 invisible),
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Re: Laws about granting access
[Re: XVIII]
#4057005
01/09/24 06:15 PM
01/09/24 06:15 PM
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Joined: Jan 2001
Posts: 26,029 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 26,029
Fayetteville TN Via Selma
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historical access over a number of years. I've seen this not stand up in court I have also.
Lord, please help us get our nation straightened out.
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Re: Laws about granting access
[Re: Rmart30]
#4057007
01/09/24 06:20 PM
01/09/24 06:20 PM
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Joined: Apr 2000
Posts: 16,128 Elmore County
Frankie
Old Mossy Horns
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Old Mossy Horns
Joined: Apr 2000
Posts: 16,128
Elmore County
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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. Screwed up judge . That just ain't the law
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Re: Laws about granting access
[Re: jawbone]
#4057009
01/09/24 06:21 PM
01/09/24 06:21 PM
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Joined: Aug 2001
Posts: 65,032 Luverne, AL
Skinny
GUVNER
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GUVNER
Joined: Aug 2001
Posts: 65,032
Luverne, AL
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historical access over a number of years. I've seen this not stand up in court I have also. I've seen both. The key thing has to be private historic use and general public historic use.
Never Trust Government
"You can be broke but you cant be poor." Ruthie-May Webster
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Re: Laws about granting access
[Re: jawbone]
#4057013
01/09/24 06:27 PM
01/09/24 06:27 PM
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Joined: Apr 2000
Posts: 16,128 Elmore County
Frankie
Old Mossy Horns
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Old Mossy Horns
Joined: Apr 2000
Posts: 16,128
Elmore County
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historical access over a number of years. I've seen this not stand up in court I have also. It shouldn't stand up in any case if permission was granted to do it . If granted permission adverse procession laws just don't work
Last edited by Frankie; 01/09/24 06:28 PM.
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Re: Laws about granting access
[Re: Skinny]
#4057020
01/09/24 06:34 PM
01/09/24 06:34 PM
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Joined: Jan 2001
Posts: 26,029 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 26,029
Fayetteville TN Via Selma
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historical access over a number of years. I've seen this not stand up in court I have also. I've seen both. The key thing has to be private historic use and general public historic use. Not in a case I know of. The road was from the early 1800's was an old Stage road and was even on old, old maps as such. It ran through land owned by a guy. A family always used it to access their house. When they sold the house to a friend of mine, the owner put up a gate. I should add that it was listed as a County road and even had a County Road sign on it. My friend fought to get access. The County Engineer, who was a buddy of the owner, said in court that the sign was only for emergency service purposes. Bottom line result was my friend had to build a road to come in from the other end of their property. It should be noted that the first road was the oldest listed road in Dallas County. That one was a travesty of the Good Old Boys Network.
Lord, please help us get our nation straightened out.
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Re: Laws about granting access
[Re: stl32]
#4057030
01/09/24 06:52 PM
01/09/24 06:52 PM
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Joined: Apr 2000
Posts: 16,128 Elmore County
Frankie
Old Mossy Horns
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Old Mossy Horns
Joined: Apr 2000
Posts: 16,128
Elmore County
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Jawbone , had this happen to us here . What used to be a county road divided ours and the guy next to us . He wanted to put a locked gate but he couldn't since the line ran down middle of the road . Course we never tried to stop him from using it as a drive way to his house .
Just to add pop was fine with him putting up the gate as long as he had a key to it to have easy access to fix our fence . Guy didn't wanna do thst so he got no gate
Last edited by Frankie; 01/09/24 06:57 PM.
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Re: Laws about granting access
[Re: Buckwheat]
#4057088
01/09/24 08:30 PM
01/09/24 08:30 PM
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Joined: Jan 2001
Posts: 26,029 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 26,029
Fayetteville TN Via Selma
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Should You grant access......make sure and have him sign a waiver of no recourse should an accident/death occur on his part. Also have a clause in there stating that access is not binding and can be relinquished at your discretion. Both of you sign in front of 2 signing witnesses along with a Notary. I'd have a lawyer draw that up at his cost. I'd include something about road maintenance too. Be a good guy, but not get taken advantage of.
Lord, please help us get our nation straightened out.
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Re: Laws about granting access
[Re: Skinny]
#4057399
01/10/24 01:21 PM
01/10/24 01:21 PM
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Joined: Jun 2014
Posts: 3,465 Sumter County
sumpter_al
10 point
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10 point
Joined: Jun 2014
Posts: 3,465
Sumter County
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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. What about drawing up an agreement where he pays you something each year (it could be just a dollar). That way he doesnt have a claim for access at a later date. I would not sell someone a permanent right of way when they have access already.
I love my country, but don't trust my government.
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Re: Laws about granting access
[Re: stl32]
#4057447
01/10/24 02:18 PM
01/10/24 02:18 PM
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Joined: Jul 2011
Posts: 34,843 Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 34,843
Boxes Cove
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If you grant deeded access , you can restrict it any way you want to. You're in the drivers seat. You could make it for the present owner and not run with the land in perpetuity . That way if he sells , the new owner has no claim to that ROW.
"Why do you ask"?
Always vote the slowest path to socialism.
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Re: Laws about granting access
[Re: stl32]
#4057459
01/10/24 02:53 PM
01/10/24 02:53 PM
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Joined: Sep 2015
Posts: 672 Here
Chiller
4 point
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4 point
Joined: Sep 2015
Posts: 672
Here
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Edited. See above. Give him and only him access if you want to. If land sales, new owner will have to acquire access through you.
Last edited by Chiller; 01/10/24 02:57 PM.
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Re: Laws about granting access
[Re: catdoctor]
#4057673
01/10/24 06:08 PM
01/10/24 06:08 PM
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Joined: Jul 2011
Posts: 34,843 Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 34,843
Boxes Cove
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Tell him no. I just got rid of a deeded access through 3/4 of a mile of my land that I had to honor for 46 years. The joy that I feel is indescribable to get rid of it and know that I and my wife and children are the only ones that have a key to gates and legal access. Did you buy the property or ROW? Do tell.
"Why do you ask"?
Always vote the slowest path to socialism.
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Re: Laws about granting access
[Re: stl32]
#4057822
01/10/24 08:16 PM
01/10/24 08:16 PM
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Joined: Feb 2007
Posts: 19,224 colbert county
cartervj
Old Mossy Horns
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Old Mossy Horns
Joined: Feb 2007
Posts: 19,224
colbert county
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I know there’s lots of confusion about. Actually talked to someone today about access for, said only the person on the deed could drive in. Limiting whole in the vehicle is legal.
We have an attorney easement called an appurtenant easement which went with the sell of the land.
Only my BIL would have access according what some of yall are saying.
“Socialism only works in two places: Heaven where they don't need it and hell where they already have it.” ― Ronald Reagan
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Re: Laws about granting access
[Re: stl32]
#4057840
01/10/24 08:28 PM
01/10/24 08:28 PM
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Joined: Jul 2011
Posts: 34,843 Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 34,843
Boxes Cove
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It's all in the way it's worded on the deed, and all negotiable . We have one that runs with the property, in perpetuity and allows "all guests and invites."
Last edited by 2Dogs; 01/10/24 08:31 PM.
"Why do you ask"?
Always vote the slowest path to socialism.
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Re: Laws about granting access
[Re: stl32]
#4058210
01/11/24 09:32 AM
01/11/24 09:32 AM
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Joined: Dec 2021
Posts: 642 Alabaster
ShootemupTex
Went Ass First
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Went Ass First
Joined: Dec 2021
Posts: 642
Alabaster
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Just went through this last year with a non-profit I am involved with that had a "easement" issue. If he's landlocked he can get access through eminent domain which would require him making a fair offer that you reject first and then a court judgment. Doesn't sound like he has the best case, but whatever the judge decides is going to be law unless you want to appeal it and spend money. I think if you do ever do grant access, making a formal agreement where he is essentially renting access and your right to not renew or cancel is preserved would be best. I could see the "historical access" argument making his case better if you just handshaked the deal. That may be his ultimate plan, you just never know.
Last edited by ShootemupTex; 01/11/24 09:34 AM.
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