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Re: Deeded access question [Re: WmHunter] #2617860
10/24/18 01:59 PM
10/24/18 01:59 PM
Joined: Jan 2001
Posts: 25,814
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 25,814
Fayetteville TN Via Selma
Originally Posted by WmHunter
Originally Posted by jawbone
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


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.


Lord, please help us get our nation straightened out.
Re: Deeded access question [Re: booth2] #2617863
10/24/18 02:08 PM
10/24/18 02:08 PM
Joined: Aug 2005
Posts: 8,363
Montgomery
WmHunter Offline
14 point
WmHunter  Offline
14 point
Joined: Aug 2005
Posts: 8,363
Montgomery
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.

Last edited by WmHunter; 10/24/18 02:08 PM.

"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

Re: Deeded access question [Re: jawbone] #2618135
10/24/18 06:50 PM
10/24/18 06:50 PM
Joined: Jul 2011
Posts: 34,552
Boxes Cove
2Dogs Offline
Freak of Nature
2Dogs  Offline
Freak of Nature
Joined: Jul 2011
Posts: 34,552
Boxes Cove
Originally Posted by jawbone
Originally Posted by WmHunter
Originally Posted by jawbone
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


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.




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.



"Why do you ask"?

Always vote the slowest path to socialism.







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