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100 registered members (jwalker77, auman, geeb1, abolt300, 3Gs, olemossy, cdaddy14, Gig, Narrow Gap, JAT, FreeStateHunter, HHSyelper, fur_n_feathers, BhamFred, BCLC, Bushmaster, Marbury, jchurch, dwaugh, bigfoot15, Ryano, Chiller, jmj120, Scout308, Big Buck Video, rhino21, Raspy, Bruno, IMISSALDEER, Luxfisher, sawdust, timberwolfe, blade, jb20, dave260rem!, Standbanger, Swamp Monkey, Huntn2feed5, AJones, Mbrock, AU coonhunter, Muzzy76, Dragfan66, jake5050, 25-20, Stickers, JCL, kyles, mopar, woodduck, Chancetribe, Justice, BamaPlowboy, rrice0725, doublefistful, Nowlide, Ridge Life, aucivil, clayk, CCC, Sixpointholler, thayerp81, Bows4evr, CarbonClimber1, Joe4majors, Fullthrottle, M48scout, JHH, mathews prostaff, HURRICANE, centralala, Chaser357, Jotjackson, RidgeRanger, Gobbler1, rickyh_2, Geeb, ALMODUX, JD_Bowhunter1976, Drycreek, just_an_illusion, JLMiller, outdoorguy88, Megatrondiablo, bug54, Hunting-231, TreeBender, top cat, JohnnyLoco, Thread Killer, 10 invisible),
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Re: Deeded access question
[Re: BhamFred]
#2615919
10/22/18 05:24 PM
10/22/18 05:24 PM
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Joined: Oct 2008
Posts: 30,910 Clanton, AL
Out back
Grumpy Old Man
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Grumpy Old Man
Joined: Oct 2008
Posts: 30,910
Clanton, AL
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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.
My opinions and comments are my own. They do not reflect the position or political opinions of Aldeer or any of the Aldeer administration.
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Re: Deeded access question
[Re: booth2]
#2615945
10/22/18 06:02 PM
10/22/18 06:02 PM
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Joined: Aug 2012
Posts: 1,725 NW AL
Hayzeus
8 point
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8 point
Joined: Aug 2012
Posts: 1,725
NW AL
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Re: Deeded access question
[Re: Out back]
#2615964
10/22/18 06:27 PM
10/22/18 06:27 PM
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Joined: Jul 2011
Posts: 34,654 Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 34,654
Boxes Cove
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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. 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 .
"Why do you ask"?
Always vote the slowest path to socialism.
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Re: Deeded access question
[Re: booth2]
#2616003
10/22/18 06:58 PM
10/22/18 06:58 PM
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Joined: Feb 2012
Posts: 382
volfan
4 point
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4 point
Joined: Feb 2012
Posts: 382
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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? Think keys words here are DEEDED ACCESS. If that is the case ex-husband can't stop access.
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Re: Deeded access question
[Re: volfan]
#2616050
10/22/18 07:40 PM
10/22/18 07:40 PM
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Joined: Feb 2009
Posts: 4,157 Ramer
ronfromramer
10 point
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10 point
Joined: Feb 2009
Posts: 4,157
Ramer
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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? 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
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Re: Deeded access question
[Re: booth2]
#2616055
10/22/18 07:43 PM
10/22/18 07:43 PM
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Joined: Oct 2008
Posts: 30,910 Clanton, AL
Out back
Grumpy Old Man
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Grumpy Old Man
Joined: Oct 2008
Posts: 30,910
Clanton, AL
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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.
My opinions and comments are my own. They do not reflect the position or political opinions of Aldeer or any of the Aldeer administration.
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Re: Deeded access question
[Re: booth2]
#2616546
10/23/18 08:31 AM
10/23/18 08:31 AM
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Joined: Feb 2015
Posts: 6,059 AL
BamaGuitarDude
12 point
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12 point
Joined: Feb 2015
Posts: 6,059
AL
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...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. 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
ALDeer physics: for every opinion, there's an equal & opposite opinion
A wise man can learn more from a foolish question than a fool can learn from a wise answer.
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Re: Deeded access question
[Re: booth2]
#2616761
10/23/18 12:03 PM
10/23/18 12:03 PM
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Joined: Nov 2013
Posts: 5,050 Fayetteville, Tennessee
Bamabucks14
12 point
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12 point
Joined: Nov 2013
Posts: 5,050
Fayetteville, Tennessee
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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.
"Here, take this land mine and protect your property with it." -Ron Swanson
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Re: Deeded access question
[Re: booth2]
#2616859
10/23/18 01:27 PM
10/23/18 01:27 PM
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Joined: Jul 2011
Posts: 34,654 Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 34,654
Boxes Cove
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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.
"Why do you ask"?
Always vote the slowest path to socialism.
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Re: Deeded access question
[Re: booth2]
#2616898
10/23/18 02:18 PM
10/23/18 02:18 PM
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Joined: Dec 2005
Posts: 184 Pelham, Alabama
280REM
3 point
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3 point
Joined: Dec 2005
Posts: 184
Pelham, Alabama
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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'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.
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Re: Deeded access question
[Re: 2Dogs]
#2616899
10/23/18 02:19 PM
10/23/18 02:19 PM
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Joined: Dec 2005
Posts: 184 Pelham, Alabama
280REM
3 point
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3 point
Joined: Dec 2005
Posts: 184
Pelham, Alabama
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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. Then ignore the above, best of luck hunting.
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Re: Deeded access question
[Re: 280REM]
#2617133
10/23/18 07:04 PM
10/23/18 07:04 PM
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Joined: Jun 2013
Posts: 52,371 Gee's Bend/At The Hog Pen
James
Freak of Nature
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Freak of Nature
Joined: Jun 2013
Posts: 52,371
Gee's Bend/At The Hog Pen
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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. 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...
Do not regret growing older, it's a privilege denied to many!
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Re: Deeded access question
[Re: booth2]
#2617685
10/24/18 09:50 AM
10/24/18 09:50 AM
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Joined: Nov 2013
Posts: 10,397 coffee county
goodman_hunter
Booner
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Booner
Joined: Nov 2013
Posts: 10,397
coffee county
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and remember this came from the son, who is probably the one who dont want folks back there hunting.
For without victory, there is no survival
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Re: Deeded access question
[Re: booth2]
#2617814
10/24/18 12:42 PM
10/24/18 12:42 PM
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Joined: Jan 2001
Posts: 25,906 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 25,906
Fayetteville TN Via Selma
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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.
Lord, please help us get our nation straightened out.
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Re: Deeded access question
[Re: jawbone]
#2617835
10/24/18 01:04 PM
10/24/18 01:04 PM
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Joined: Aug 2005
Posts: 8,363 Montgomery
WmHunter
14 point
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14 point
Joined: Aug 2005
Posts: 8,363
Montgomery
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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
"The Tree of Liberty must be refreshed from time to time with the blood of patriots and tyrants." Thomas Jefferson
" Chuck Sykes is a dictator control freak like Vladimir Putin " WmHunter
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Re: Deeded access question
[Re: WmHunter]
#2617847
10/24/18 01:31 PM
10/24/18 01:31 PM
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Joined: Jul 2011
Posts: 34,654 Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 34,654
Boxes Cove
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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 .
Last edited by 2Dogs; 10/24/18 01:36 PM.
"Why do you ask"?
Always vote the slowest path to socialism.
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