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Key:
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Joined: Nov 2004
Posts: 12,788
Booner
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Booner
Joined: Nov 2004
Posts: 12,788 |
Who said he left the gate open?
And, what about the ‘azzhole’ that cut HIS lock off to begin with??
There are always 2 sides to every story!
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Joined: Oct 2002
Posts: 18,103
Old Mossy Horns
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Old Mossy Horns
Joined: Oct 2002
Posts: 18,103 |
"This past w/e, I found that he'd Cut my Lock and left the Gate wide open, so no telling how long it'd been like that from when I left last Sunday."
Always 2 sides...but the guy leasing the land is the one who has the right to have a lock on the gate...not someone who has access to a different parcel of land, unless by agreement.
Well behaved women never make history.~ Out back
Quit laughing...I think I broke something.
Fifteen is my limit on Schnitzen-Gruben, Baby...
I have OCD and ADD, so everything has to be perfect, but only for a minute.
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Joined: Jan 2001
Posts: 27,326
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 27,326 |
Kick his ass seabass
Sorry, had to get it in Surprised it took as long as it did! 
Lord, please help us get our nation straightened out.
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Joined: Nov 2004
Posts: 12,788
Booner
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Booner
Joined: Nov 2004
Posts: 12,788 |
It would be a great time to look up the definition of Prescriptive Easement.
And, I would think that 75+ yrs of accessing property through what used to be a Public Road would quantify this case as such. Or, at least that is what the Sheriff and a Judge both said.
But, as I stated before, this is probably not the proper format for discussion of this matter.
Last edited by Hogwild; 11/20/17 12:42 PM.
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outdoorobsession
Unregistered
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outdoorobsession
Unregistered
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uh oh...getting all real in here now! 
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Joined: Dec 2004
Posts: 19,304
Old Mossy Horns
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Old Mossy Horns
Joined: Dec 2004
Posts: 19,304 |
^^THIS^^ BS above is ONE of the reasons I quit looking to purchase my own property. Seems like folks that own property (I know the OP is leasing) spend more time chasing tresspassors and dealing with crap like this.
Last edited by ford150man; 11/20/17 12:44 PM.
If voting made any difference, they wouldn’t let us do it.-Mark Twain
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Joined: Nov 2004
Posts: 12,788
Booner
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Booner
Joined: Nov 2004
Posts: 12,788 |
Ha!
No worries!
All of the burden lies on the landowner who misrepresented the leased property....of which he cut 500+ acres of and left that little detail out, too.
Coy is probably a good guy.....just got misled!
He should try taking Reb’s advice before things go too far!
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Joined: Oct 2003
Posts: 25,707
Freak of Nature
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Freak of Nature
Joined: Oct 2003
Posts: 25,707 |
I'll just add one last piece of advice.
Recognize that you are the lessee. You really don't have much say so in this matter. Express your dissatisfaction to your lessor. They can deal with it if they feel the need to.
You have 1600 acres to hunt. One access road should not hurt your hunting experience.
As a landowner representative, I'd be more concerned about prescriptive access and loss of value that can create.
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Joined: Oct 2003
Posts: 25,707
Freak of Nature
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Freak of Nature
Joined: Oct 2003
Posts: 25,707 |
Ha!
All of the burden lies on the landowner who misrepresented the leased property.... I seriously doubt any representation was made as to whom had access rights to any given road on a 1600 acre parcel of land.
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Joined: Nov 2004
Posts: 12,788
Booner
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Booner
Joined: Nov 2004
Posts: 12,788 |
Ha!
All of the burden lies on the landowner who misrepresented the leased property.... I seriously doubt any representation was made as to whom had access rights to any given road on a 1600 acre parcel of land. You are probably correct. So, let’s just say, ‘not mentioned’. And, everyone is overlooking the fact that there was a lock on the gate for the land-locked property. It is no longer there......
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Joined: Nov 2014
Posts: 13,821
Puts sugar in his cornbread!
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Puts sugar in his cornbread!
Joined: Nov 2014
Posts: 13,821 |
Yep sounds like give a little and get a little. Here's a question, say you are a land owner and you were told you road went through another owners property. Smack dab through the middle of it. This road aint so great. First year no problems. Second year you are confronted about the road. By a very arrogant asshole. He blocks you in, calls sheriff and game wardens. Sherrif says don't park on road and have a nice night. We agree. Few weeks later happens again. Sherrif tells this guy to leave us alone or go to court. No more problems. Well now a gate has been put up and a lock. What do you do? I know what I want to do but I would like to see this guy squirm.
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Joined: Oct 2003
Posts: 25,707
Freak of Nature
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Freak of Nature
Joined: Oct 2003
Posts: 25,707 |
Yep sounds like give a little and get a little. Here's a question, say you are a land owner and you were told you road went through another owners property. Smack dab through the middle of it. This road aint so great. First year no problems. Second year you are confronted about the road. By a very arrogant asshole. He blocks you in, calls sheriff and game wardens. Sherrif says don't park on road and have a nice night. We agree. Few weeks later happens again. Sherrif tells this guy to leave us alone or go to court. No more problems. Well now a gate has been put up and a lock. What do you do? I know what I want to do but I would like to see this guy squirm. If I were you, I'd secure a legal easement before I did anything else. The sherif doesn't have any jurisdiction on easements. I wouldn't go on anything he says as a fact in the legality of you having any right to using that road.
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Joined: Nov 2014
Posts: 13,821
Puts sugar in his cornbread!
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Puts sugar in his cornbread!
Joined: Nov 2014
Posts: 13,821 |
Yep sounds like give a little and get a little. Here's a question, say you are a land owner and you were told you road went through another owners property. Smack dab through the middle of it. This road aint so great. First year no problems. Second year you are confronted about the road. By a very arrogant asshole. He blocks you in, calls sheriff and game wardens. Sherrif says don't park on road and have a nice night. We agree. Few weeks later happens again. Sherrif tells this guy to leave us alone or go to court. No more problems. Well now a gate has been put up and a lock. What do you do? I know what I want to do but I would like to see this guy squirm. If I were you, I'd secure a legal easement before I did anything else. The sherif doesn't have any jurisdiction on easements. I wouldn't go on anything he says as a fact in the legality of you having any right to using that road. The property has a deeded road. If that's not it the realtor lied and no ones saying. We'll get it straitened out but this guy is a real.......
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Joined: Jan 2009
Posts: 7,780
14 point
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14 point
Joined: Jan 2009
Posts: 7,780 |
Yep sounds like give a little and get a little. Here's a question, say you are a land owner and you were told you road went through another owners property. Smack dab through the middle of it. This road aint so great. First year no problems. Second year you are confronted about the road. By a very arrogant asshole. He blocks you in, calls sheriff and game wardens. Sherrif says don't park on road and have a nice night. We agree. Few weeks later happens again. Sherrif tells this guy to leave us alone or go to court. No more problems. Well now a gate has been put up and a lock. What do you do? I know what I want to do but I would like to see this guy squirm. If I were you, I'd secure a legal easement before I did anything else. The sherif doesn't have any jurisdiction on easements. I wouldn't go on anything he says as a fact in the legality of you having any right to using that road. That is exactly correct. Its a civil matter, not criminal. LEO only enforce what a judge decides. But a decision has to be made first.
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outdoorobsession
Unregistered
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outdoorobsession
Unregistered
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^^^ Kick his arse seabass! 
Last edited by outdoorobsession; 11/20/17 02:42 PM.
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Joined: Mar 2003
Posts: 16,022
Old Mossy Horns
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Old Mossy Horns
Joined: Mar 2003
Posts: 16,022 |
Your fighting a losing battle. Talk about it like men and settle something. If you cant do that it you should drop the lease.
Landowners are the ones to be dealing with this if you two cant reach a conclusion and most of the time that could lead to lost lease.
Goodluck
Do you want to hear him gobble, or do you want to kill him.
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Joined: Nov 2011
Posts: 5,071
12 point
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12 point
Joined: Nov 2011
Posts: 5,071 |
sounds like I would just give him a key to the gate
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Joined: Jun 2013
Posts: 5,709
12 point
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12 point
Joined: Jun 2013
Posts: 5,709 |
I would tell the landowner I was leasing from to kiss my ass for not disclosing the easement and find somewhere else to hunt. Life's too short to have to deal with this crap.
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Joined: Dec 2016
Posts: 11,570
Booner
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Booner
Joined: Dec 2016
Posts: 11,570 |
Seems like trouble is already brewing since he cut your lock and left the gate open. Doesn't look like youll have a good neighbor from that kind of disrespect shown to you and your other hunters. I'd have to say from your description Be ready for trouble
When I need expert advice I tend to talk to myself
The older I get the better I used to be
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Joined: Oct 2008
Posts: 31,221
Grumpy Old Man
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Grumpy Old Man
Joined: Oct 2008
Posts: 31,221 |
I had this situation for 15 years with property I leased, only I was the guy driving through the middle of the other property.
I treated that property and those neighbors just as I would expect them to treat me. I never hunted on that land, I never pulled a trigger on that land. I only used it to access my lease. It was never an issue. My neighbors learned to trust me and my family members and I even helped them with planting their fields because they lived 4 hours away.
You cannot assume this other person will poach or trespass. You can talk to him, get along with him and trust him unless he gives you reasons not to.
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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