I’m gonna try and make a long story short. I have leased some property from a woman that has land at the top and sides of a mountain. But to get to it, you must use the deeded access right of way that she has leading through someone else’s property. That someone else’s property is her ex-husbands and hers, that they still own together…and they hate each other. I met the ex-husband’s son yesterday, just to introduce myself and let him know who I was and he informed me that “daddy” wasn’t going to cooperate and that I needed to find another access point. Said it was nothing against me, he just hates his ex-so much that he won’t allow me to use it. My question is if I lease this property and have permission from one of the owners to access the property, can the ex-husband legally keep me from using it? I’m still worried that he may try and block it or put something out to flatten my tires if a judge made him let me use it, or shoot me…the dude seems unreasonable. What would yall do?

I'd curb stomp his azz if he messed with my truck. I think you're on the right track but I'm now lawyer

Strange situation. If the property isn't great I'd just move on elsewhere. Even if you are in the right, still wouldnt be worth it.

Going to depend on the nature in which the deed was written (if there are any provisions that prohibit the easement from being transferable, extended to third parties, etc).

In the end, likely to end up with a lawyer involved from the sounds of it. It would have to be good hunting....

This. Just because she has access doesn't mean you do. I've seen deeded easements where only the owner was listed.

Does depend on how the ROW is worded on her deed. If she has a deeded ROW to the property and it states it includes her " guests and invites" you are in the clear. That don't mean EX is gonna play ball. It's up to her to make it right. Good luck, sounds like you're gonna need it.

You could go to the Probate Judges office , pull her deed and do a little research.

This isn't an easement or deeded access question at all.

She co-owns the property you will use for access, and has given you permission to use that property. She's an owner. She can do that.

But it's still not worth it unless it's really good hunting.

Well, if they both still own the property together that you have to go thru anyways - then why would she not be able to give you permission to go thru it anyways, deeded access or not.

I wouldn't want in that mess. Move on there's more land with less headaches.

It's just a deer

I'd go back to the lady you gave your money too and explain what the situation is and she needs to insure access for you or refund your money.

She would, but he would have just as much right to say no. The deeded ROW or easement if it allows for "all guests and invites" gives her the stronger position . So the ROW or easement does matter. Ex hubby can just not like it.

I'd want her to straighten it out and quick or give my $ back quick.

What if you parked somewhere and rode into the property with her?

brilliant im sure shed be ecstastic to wake up before daylight to drive him to his stand and come pick him up around 10:30 she may even let him strap a deer on the roof of the car.

just get written permission from her to pass thru have it notarized if you want for added credibility and just go who cares if guy calls the law show them the papers and ask them to have him quit harrassing you. if she owns property that is land locked by the joint property he cant cut her off.

move on...

We need Doekiller to post up the actual Alabama caselaw on this subject since it comes up on a regular basis.

Thanks for the input yall. Turns out there is another access point thru another adjoining owner that doesn't have a problem with me using it. Just a lot of sapling size trees right in the middle of the road that I will have to cut down or maybe even get a dozer in there. That's what I was doing all weekend was cutting down trees at the other access point and got about a mile finished..and then I met ole boy that didn't want me using that ROW.

1. This is going to be a giant pain in the ass regardless of the legality of the right of way. Considering that this is a lease, it will probably be way more trouble than it is worth.

2. A lot of easements apply only to the owner of the land that needs access. In other words, the woman you leased the land from has no right to allow you to use the easement if the easement only applies to her. It is even more complicated when she is a co-owner of the land where the easement is located.

I would tell the woman her husband is denying access to the land and demand your money back. Public land will be less aggravating than your situation.

But following that logic, if a co-owner can give a guest permission to use the land, then a fellow co-owner can also deny a guest permission to use the land. If the husband co-owner calls the law on the hunter claiming he is trespassing after being told not to enter the land, the police are likely going to tell the hunter to leave and not come back until the dispute is settled in court.