Aldeer.com Forums Alabama Deer Talk Aldeer General Forum Hunting Lease Access Question

Here it goes...I've got a few questions to the mentioned info below. It'd be much appreciated to hear any feedback.

I'm Leasing 1,600ac (1,500 Clarke & 100 Wilcox) and am having an issue w/the Neighboring Landowner. When I Leased the place, I had NO IDEA that the Neighbor was using the Gate for his Access nor did the Landowner I Lease from (believe it or not and he has not granted any type access). My Landowner purchased the Place about 10yrs or so back and it had NO Deeded Easement or ANY type Access on the Contract and he's never been contacted by this Neighbor to even use his Gate. There's too many details to go on, so I tried to briefly describe it. Main issue is, the Neighbor (really a guy leasing the Land from the Owner of the Neighbor Tract) is using my MAIN Gate that goes directly thru CENTER of my Lease, to Access 80ac to the South of me. REALLY BAD thing about all this is, the man lives 7.5mi from this Property and I live in Baldwin Cty, so we all know he'd be using it like it was his during the wk. My Gate is 7.5mi from his House yet there's another Route/Road that is literally 3mi for him to Access the Tract but obvi something has happened on that access already, so now he's been using my Gate. He claims a Creek is keepin him from Accessin it from the South, LIKE HE SHOULD BE! Usually I don't have an issue w/things like this and I know Land Locked Pieces are supp to be able to be Accessed but its 1,600ac and he's going thru the DEAD CENTER of the Property just to Hunt 80ac, when there's a MUCH Shorter Route and that Route has to go thru like 80ac or so (i assume he doesnt want to put the money into a bridge or has been denied access from south bc of an issue of sort w/Landowner there as well). 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. My question is, what can I do to put a stop to this, in the fastest legal manner? What are your thoughts on this issue? My Landowner is supp getting his Lawyer involved but it seems like there's something that could be done in a more timely fashion, to keep this guy from coming thru there and start using the Access he really should be. Again, I understand where he's coming from and would have no issues if it were on the East or West End of the Tract but when its thru the Dead Center and its only for 80ac of Clear Cut and me knowing he has another Route....I THEN HAVE AN ISSUE...Please let me know your ideas and thoughts on this! I REALLY need them. Thanks

If he’s just an individual, leasing from another landowner, then the landowner you lease from doesn’t have to allow the hunting access. Unless there is a recorded easement that stipulates such an agreement, most have a phrase “successors or assigns”, for ingress and egress only.

Tell him to stay out, lock the gate back, hide trail cameras around the gate, press charges the next time he cuts the lock and comes in.

Going to be up to the landowner you are leasing from what to do and wether or not he wants to put the time and $ possibly into a lawyer to stop it, or dig up past deeds to see if any easement was ever given.

Lease that 80 acres next year

This one is easy. Lock the gate again. Same way you'd treat any other trespasser.

Nothing solves these issues like a little face to face. Stop the “he said- he said “ crap and get to the nut cutting. Ask all involved to a sit down & get it solved in less than a hour.

This is the way it is. The owners have to hash it out. People make access harder than it has to be. The owners get together and come to an agreement. If they can't agree, go to court. Its really simple.

bigger chain bigger lock, get in his FACE DIRECTLY and tell him to stay off yer lease.

I don't think he has a legal position. I know in Florida if you have access, whether there is a creek to cross or not, then that is your access. I don't think he can even claim Prescriptive Easement. He can build a bridge, but your landowner will have to do the fight. In the end it is going to be lawyer work and who the judge is.

Not in Alabama. I was in court once on an easement and I don't remember how it was worded but if you own land on both sides of the Alabama River you where not expected to build a bridge. In other words, they (court) would take into consideration obstacles. As I said, I don't remember the exact wording they used.

On the other side of the issue, is if the only thing you are worried about is that he'll be poaching during the week, talk to him about it. If you conceded to let him use your gate, you might get a real good neighbor.

Quickest easiest way is to talk to him. The other route is Fred's way, bigger chain and lock. If he cuts it again, have him arrested and tell him your going to do so. Unless the laws have changed in the last 25 years (which they may have) the creek don't mean crap. We leased property that had a creek run through the middle of it that had a bridge over the creek, about 20'-25' long or so. The bridge was the only way to access the back half of our property without coming across the neighbors. Well, a big rain/flood came and washed out our bridge, cutting off the back half of the property. We were told (in short) tough crap. Build the bridge back if we wanted to get to that property. That's what we did.

Kick his ass seabass
Sorry, had to get it in

Come up with some reasonable times for him to gain access to his property that doesn't restrict your enjoyment of your property.

Before daylight, between 10-2, and after dark should not hurt your hunting whatsoever.



May I ask, who are you leasing from? Is this off Roundhill Road by chance?

If he will not agree to access it from the other side, I'd just have my landowner contact the landowner that he leases from and arrange to lease the 80 out from under him and be done with the problem completely. No way I would want a local having the opportunity to ride all over my property during the week while I wasnt there and he knows it.

If you remember, I told you that I was very familiar with this tract. LOL

That is my FNL that cut the lock.

And, he is more than the lessor of that land (actually 2 tracts, not 1). But, that is not my place to say...and certainly not in this format! And, as far as the other access, it is a private road that was built several years ago. Rebelman is familiar with it.....it used to go through a black guys yard just before the Packards Bend Road. They have no easement to that road. BUT, they, and their family, have been using the road through your lease for the last 75-80 years. And, this is NOT the 1st time that someone has attempted to stop them. As far as poaching...that is laughable. He hunts the same wildlife on his place! And, the 'lease out from under him' is even more laughable!!! It ain't that simple!

And, you will find out that the landowner you are leasing from already knows everything I just typed. Not sure why you were not informed.....

Rebelman offered some good, common sense, advice above.

Wow, the story just got more interesting!

I can't imagine why the landowner leasing out 1600 acres would not inform you about this ahead of time. It seems like you should have been told this up front, and something decided between the landowners long before you got involved.

I had a relative get in similar situation and never knew about the issue until hunting season and his lock was cut. And both parties were leasing from the same company, and the company would not take a position either way. He wound up letting someone else take the lease and the headaches with it. Good luck to all!

Hog, the reason I said what I said is that most of the times, a large landowner, the 1600 acre guy, doesnt want the hassle of dealing with complaints from his leaseholder or the liability on something like letting someone, other than the actual landowner cross him to get to a 40. The point I was making and it has happened twice on bigger leases that I've had, where my landowner contacted the other landowner and said he didnt want to allow access and would be willing to lease the smaller parcel for what the other group was paying or even a premium. Then he turned around and leased it to me as a part of my much larger lease. Same general area +- 50 miles or so.

In this case, it seems that your FNL might have some ownership interest or other family tie to the property he's accessing and probably even a personal relationship with Coy's landowner in which case, all bets are off. I know that area pretty well and just assumed it was some of the riff raff that lives in the trailer city just west of there that was cutting the locks and accessing across him. If that was the case, it would be easily solved as described. Now that I know more of the story, Coy would do better to try to make friends or at least establish a cordial relationship with your FNL and work out an agreement on access timing. I've also had to do that in the past.

Whoever did it, he's an a$$hole for just cutting the lock and leaving the gate open, regardless of how much right he believes to have to the land because he's had access to it for a long time, and at the very least, he owes the OP an apology and a new lock.

I stopped a man for making a right turn on a red light without stopping, once, and he explained that he'd been running that light for 45 years. I told him that if it was in my power to give him 45 years worth of tickets for it, I'd do so.