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Joined: Jun 2013
Posts: 131
3 point
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3 point
Joined: Jun 2013
Posts: 131 |
Myself and some friends recently leased some land and the lease agreement said we could put up gates as long as they was 16ft wide so we put them up but didnt lock their is National Forest land on the back side we recieved a hate letter saying if we locked the gate we would get sued,after investigating the Forest Association says they have an unrestricted easement so being hard headed I went to the Probate Office and looked and low and behold I couldnt find an easement and Ive tried to get the forest association to produce the paperwork and they have been ducking and dodgeing so lets hear some feedback on what to do cause im lost
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Joined: Oct 2006
Posts: 9,174 Likes: 48
14 point
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14 point
Joined: Oct 2006
Posts: 9,174 Likes: 48 |
Ask them for a lock and a segment of chain. Tell them to make sure they lock the gate when they leave.
"The struggle you're in today, is developing the strength you need for tomorrow."
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Joined: May 2013
Posts: 98
spike
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spike
Joined: May 2013
Posts: 98 |
Power company has a easement through property I hunt. I have a club chain and lock on the gates, power company also has their own chain and locks so everyone is happy. I have had no trouble so far, they always lock after they are done trimming power lines.
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Joined: Dec 2009
Posts: 9,576 Likes: 22
14 point
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14 point
Joined: Dec 2009
Posts: 9,576 Likes: 22 |
Our paper company leases have two locks-One for the paper company and one that belongs to us. The paper company locks the gates when entering and leaving both. Never had a problem with locked gates.
The first time you put up a gate though, some folks are going to have trouble with it! They will tear it down, etc. Good Luck!
I can't stand a thief.
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Joined: Jun 2013
Posts: 131
3 point
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3 point
Joined: Jun 2013
Posts: 131 |
Thanks but its the National Forest they said no gates at all so I guess im suppose to pay the lease on a 500 acre parking lot
Last edited by Buckhammer; 06/07/13 01:45 PM.
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Joined: Sep 2004
Posts: 37,407 Likes: 69
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 37,407 Likes: 69 |
hold their feet to the fire and make em produce what they say they have.
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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Joined: Dec 2009
Posts: 2,921
10 point
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10 point
Joined: Dec 2009
Posts: 2,921 |
Talk to a lawyer. He can send a letter and ask for documents ion of the easement if there is one.
The only thing necessary for the triumph of evil is for good men to do nothing.
Edmund Burke
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Joined: Oct 2006
Posts: 9,174 Likes: 48
14 point
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14 point
Joined: Oct 2006
Posts: 9,174 Likes: 48 |
Thanks but its the National Forest they said no gates at all so I guess im suppose to pay the lease on a 500 acre parking lot Lock it, bolt the chain to the gate, setup a camera - when they cut the chain drive there and give them a bill for the cut chain and demand to see their document immediately. If they cannot produce the document - call the Sheriff's department and request they charge them for destroying your property and tresspassing.
"The struggle you're in today, is developing the strength you need for tomorrow."
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Joined: Sep 2012
Posts: 8,456
14 point
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14 point
Joined: Sep 2012
Posts: 8,456 |
i would walk into the closest ranger district office and ask for the head honcho and we would sit down and have a powwow till he showed paperwork or fessed up and said he never had easement in the first place and if they do have an easement i would call the property owner and tell him that if he didnt revoke easment that you wanted to terminate lease immediately and you want a full refund and if he said no then i would just have a fun year of killing everything that swims flies walks crawls and slithers out there and show the landowner he is number one when he sticks his hand out for money the next year. sorry but i leased some land a few years ago and had close to the same thing happen.
Yeah c�mon. Daniel White
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Joined: Jan 2002
Posts: 5,103
12 point
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12 point
Joined: Jan 2002
Posts: 5,103 |
This same set up happens along the Cahaba WMA especially on the Shelby Co. side. There are gated communities that have WMA as their back border in several places. I would say go ahead and buy plenty of Tylenol because you are going to have some headaches with this one.
ROLL TIDE !!!
Enough Said....
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Joined: Jun 2013
Posts: 131
3 point
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3 point
Joined: Jun 2013
Posts: 131 |
They have avoided me everyway they can is it possible that there is some buddy buddy stuff going on here because the road through our property turns to a 4wheeler trail when it meets government land
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Joined: Jun 2013
Posts: 5,712
12 point
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12 point
Joined: Jun 2013
Posts: 5,712 |
There is not supossed to be any atv trffic on the national forest. As others have said, i would make them produce the documents.
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Joined: Sep 2007
Posts: 6,999
10 point
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10 point
Joined: Sep 2007
Posts: 6,999 |
Good luck! The National Forest is not going to cooperate. We deal with them a lot over around Bankhead. There is not much "holding their feet to the fire" when it comes to them. If they do have an easement, there will be no gating it. They also rarely produce those documents.
I have leased a tract that I was unaware had one of these easement through it (it was not on our books) more than once. They are a freaking nightmare.
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
The first place to turn is to your landowner. As a leaseholder, you don't have the same rights as the landowner. If there is an easement and restrictions on putting up gates, you landowner probably knows about them. Your actions in closing the road can affect your landowner, so you need to communicate with the landowner before you do anything like that. If the NFS has an easement, that doesn't necessarily mean the public does. The landowner's deed probably has information about any easements listed on it. You may be able to post it against trespass with signs even if you can't put gates up. If the landowner can't help you, then try this route: Info about easements *** cick here *** See page 41 "Unrecorded Easements". Here's the email page for the Department of the Interior Bureau of Land Management contact page. They might be able to email you any easement info they have: Contact page *** clck here ***
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Joined: Jun 2013
Posts: 127
3 point
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3 point
Joined: Jun 2013
Posts: 127 |
Everything night hunter said is right on point. The landowner cant do anything about it. You can dummy lock the gate and post both sides down the road to the property line and that's about it. The problem your going to run into is people will start hunting your property line. The exact same thing happened to friend who had land leased in the Talladega national forest. So don't plant any fields around or close to the boundary lines. Because someone else will reap the rewards off your hard work.
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Joined: Jun 2013
Posts: 131
3 point
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3 point
Joined: Jun 2013
Posts: 131 |
I agree and to think our hard earned money pays for them to be such arrogant morons
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Joined: Feb 2009
Posts: 14,831
Booner
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Booner
Joined: Feb 2009
Posts: 14,831 |
They have avoided me everyway they can is it possible that there is some buddy buddy stuff going on here because the road through our property turns to a 4wheeler trail when it meets government land If they are avoiding you... they don't have what they say they have..... If I got it....You better believe I am going to show you real fast to get you out of my hair... They don't have it...
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Joined: Aug 2011
Posts: 1,940
8 point
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8 point
Joined: Aug 2011
Posts: 1,940 |
put up a stainless steel cable there harder to cut than a chain.
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Joined: Aug 2012
Posts: 360
4 point
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4 point
Joined: Aug 2012
Posts: 360 |
The first place to turn is to your landowner. As a leaseholder, you don't have the same rights as the landowner. If there is an easement and restrictions on putting up gates, you landowner probably knows about them. Your actions in closing the road can affect your landowner, so you need to communicate with the landowner before you do anything like that. If the NFS has an easement, that doesn't necessarily mean the public does. The landowner's deed probably has information about any easements listed on it. You may be able to post it against trespass with signs even if you can't put gates up. If the landowner can't help you, then try this route: Info about easements *** cick here *** See page 41 "Unrecorded Easements". Here's the email page for the Department of the Interior Bureau of Land Management contact page. They might be able to email you any easement info they have: Contact page *** clck here *** Use the above information. Your problem should actually be with the land owner from which you leased. Also, even if there is a recorded access to the govt property, it surely isn't a public access and there definitely should be gates permitted on each point of ingress/egress. The land owner cannot be burdened with the open access. The 16' requirement is kind of an indicator to me that some specific information is out there. It's a little surprising that there aren't gates already, especially at the govt property access. Also, trying to find easements at the courthouse is somewhat difficult.
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