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.

Good advice.
The key words here are "co-owner".
That means she (alone) can't legally lease the hunting rights or grant access to anyone.

I got a D-9, give me the coordinates and I'll be there to escort you in the morning of the hunt...

I kid, but that's about what you're going to need to be at ease...let that sink in.

You "dating" ole girl?

Way I read it, woman is sole owner of the leased property, the access is all that was in question. If she owns a true ROW with all rights allowing "guests and invites" that is not in question either.

Sounds like Booth got his problem solved .

Think keys words here are DEEDED ACCESS. If that is the case ex-husband can't stop access.

Not legally, but he could sure make it a pain in the butt. If there's another way in, I wouldn't even think about using the disputed access

Yeah I misread it at first. I thought she had leased the co-owned property.
I've hunted land locked properties with deeded access. There have been a few issues but I was always able to work them out and rarely got the landowner involved. Just a little negotiation and some time and diesel fuel invested to improve the roads was all that was required.
If it had gotten any worse, I might have just cut my losses. Deer hunting ain't hardly worth a blood feud.

ok, so you're proceeding forward - what was the ole boy like? did he harass you? if it were me & i was intent on hunting this place, i damn sure would a) avoid him and b) not parade anything i killed around ... but i would also anticipate more run-in's with "ole boy" since he's probably likely not to be happy with you b/c of his ex ... some folks love having an axe to grind

I say move on. But if you could get access to the deed that would be huge. I’m a surveyor and have done a little work in Jackson county. There’s a lot of weird easements and land locked places out there. If you could get a deed book and page or a parcel number of the property I could give you a much more accurate answer.

I'm going on the information provided to give my legal opinion, which is not all that I'd want to know if you were having a real legal consult with me. The legal answer is, if she has an easement by conveyance (the deed), then he can't legally prevent you from using the easement for ingress and egress to her land. You don't need his permission.

The real world answer is, if these are the kind of people that would do damage to you and/or yours out of spite, then you've leased a problem. I'd see if she'd let you out of the lease.

Then ignore the above, best of luck hunting.

Not trying to be a Debbie Downer, but I hope the other owner don't change their mind once the season starts! Cause I've seen that before, I'd try to get something written on paper if it all possible...

and remember this came from the son, who is probably the one who dont want folks back there hunting.

Just a quick update. The woman is sending the deed with the signed land lease agreement, so I will be able to see what it says about guests. I also called up the ex-husband and he was a little standoffish, which is understandable and pretty much told me that if he hears a 4 wheeler going up his access road that he will call Sheriff. But he went out of his way to say that him and his son will show me the other access point and how it connects to the land that I will lease. I told him that even if I was legally aloud to use his access point that I would not, just out of respect for him hunting that land. I tried to put myself in his shoes and realize that he has paid for this land and a stranger (me) to him wants to run a 4 wheeler thru it. I am thinking the best way to go about this is to be respectful and hope that we can at least be good neighbors. I just have read too many things about stuff like this that didn't end well and its really hard to tell if this situation is heading down that road. I have had some decent conversations with the father and son, but still have a weird feeling about all of it.

I’d find another place to hunt unless it is so fine you are willing to clear out someone’s road for them plus the issue of them being “co-owners”, which means he can cut your season short if he wants to be an ass. Remember that as a lessee, you have no standing in easement issues.

I have been reading this for years on Aldeer, but no one has ever cited anything from the Code of Alabama, or the Alabama Supreme Court to show this.

I hereby nominate Doekiller to get Aldeer officially advised on this.

Or we could have 49r comeback and tell us. :-D

If she has a deeded ROW , with all rights, including " agents, guests and invites" if she tells him he can use the ROW , he can LEGALLY use the ROW! I am not a lawyer , however , I spent a bunch of $ learning easement and ROW law .

I know this because our two neighbors got into an easement dispute. One was a lessee from out of state multiple landowners and the other was the landowner. The lessee learned very quickly that he had no standing unless he was named the property caretaker. He got the landowners to name him the caretaker and he still lost because there as another way to access the land, albeit not as convenient for him. There were no deeded easements involved. He just wanted the easiest route to his leased land which happened to run right through the other owners two green fields.

2Dogs and Jawbone, I don't doubt it at all.
I am sure it is accurate.

But it would be helpful to get legal citations from some Aldeer lawyer like Scot for the benefit of the Aldeer audience.

I bet 49r has it ready to go with copy and paste, lol.

If there was" no deeded easement involved ", obviously the lessee had no legal standing.

I have one that is titled " RIGHT-OF-WAY-DEED" it has language that says " a perpetual right-of-way and easement for the purpose of ingress and egress in,to, upon and over that portion of the tract of land hereby described as follows" after the description it says " TO HAVE AND TO HOLD unto the GRANTEES, their heirs ,executors , successors and assigns." The quotes are taken verbatim from the deed. If the property this ROW goes to is leased the lessee can legally travel it.