I have also.

Screwed up judge . That just ain't the law

I've seen both. The key thing has to be private historic use and general public historic use.

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

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.

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

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.

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.

If you grant him deeded access, I believe he has an obligation to maintain the roads and is not allowed to stop when passing through. We went through this twice with property we owned in Dozier, Al. Never had a problem.

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.

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.

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.

Bought the 80 beside me

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.

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."

He can kick rocks or offer you big $$ but it's still your call

Bet you “F” the neighbor guys are the same folks sitting on the line and chanting “ I’m gonna hunt every square inch of my property” . Glad I have my south neighbor who has let me use his creek crossing and run a few hundred yards along his side for years, saving me from driving right through the center of my property to get to my south end.He is very much appreciated and we help each other when needed. His daughter and friends ride horses so by him being a nice guy they have double the trails to ride. Reciprocity is a big thing for me and if someone scratches my back when needed I will be scratching theirs when needed, which in my observations is not a common trait these days.

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.