What would ya'll do if this were your property?

[Doc_5729]

One question I had is if the right-of-way of the road was abandoned was there anything in the quit claim deed that addressed the issue?

That's the "million dollar question" no one can answer at this time.

No one can remember the road or the name of the road.

I have located some old family names from the area today that could possibly be the original land owners and heirs to the property.

We're going to have to make time and visit the courthouse and hopefully there will be some record or maybe even a map or plat with that information.

It's my understanding that even if he only uses the easement once a year he's got access. Best thing to do would be to go to the actual property owners (not the hunt club) and get a writtten prescribed easement that can be recorded. Make sure it goes with the land and not him. Legally it become a non-issue from that point and he's got a piece of paper to show whoever tries to stop him. Sounds simplier than it is but this is probably the best way.

Thus far finding the new owner has been the problem, until today. Talk about hidden, he was/is a ghost practically when it comes being the principal of this corporation.

And naturally the hunting club wouldn't share the information either.

We had a long cordial conversation with him and he seems like a nice guy.

He was aware of some problems, but of course the hunting club had reversed the stories in their favor and had accused the neighboring club (my friends) of causing all the problems.

When I informed him it wasn't a hunting club member that was approached by the club members on his property, but instead the actual owner of the adjoining property and his brother in law, it didn't take him long to figure out "what was what" so to speak as our conversation continued.

By the same token, being a former hunter himself, he was somewhat sympathetic with the club leasing his property in having their hunts disturbed when someone comes driving by.

His position is to be a good neighbor and he didn't need people that caused him problems and would not tolerate such behavior.

He also said he wasn't aware of a prescribed easement across his property and needed to check his records and with his attorneys before commenting further either way.

That shouldn't be a problem because when I contacted the timber companies Sales Agent previously, I inquired about the terms of the sale and the disclosures included.

I was assured the new owner had a Buyers Agent and the prescribed easement was disclosed and discussed at length on several occasions. Whether that information made it back to the owner is unknown, but it also came up at closing.

Some of if not all of those meetings were audio recorded.

Of course due to the nature of those tapes, it would require a subpoena to obtain a copy, but it's nice to know they are there if needed.

I think we'll get this worked out now.



btw, thanks for the Supreme Court ruling, that may help to.

 

[creekside]

I leased land locked land for over 20 years. The first time we met our joining club they had a fit and said no way. I talked to the Sheriff he said to work it out or he would take us all to jail. I told the pres of the other club,and he came up with this. No travel from 30 min before sunrise till noon. Then no travel from 2:00 PM till dark. This worked for over 20 years.

 

[Doc_5729]

I leased land locked land for over 20 years.

No offense bud, but he doesn't lease this land he OWNS it. Ownership has it's privileges established and protected by law.

But think about it like this - How would you react if I bought all the homes in your neighborhood, then I leased all those homes to someone else. Those people block the street you live on and tell you that you can't go home except between certain hours of the day or week?

How's that gunna go over?