So, my family has a small tract of land-locked timber that adjoins crop to the south and big timber to the north. We have had a verbal agreement with the landowner to the south that we can walk through/across his ground to access our timber to hunt and even drive up there when crops are out. I can access from the north too (on foot only) but with prevailing winds I seldom if ever choose that route. I find out tonight that the landowner to the south has given permission to his son in law to hunt our timber without asking/telling us. I find this out because tonight that son in law arrowed probably the biggest deer around the farm and it went onto the neighbors ground to the north before expiring. So they asked for permission from the north owners to recover and told them we gave them permission to hunt ours. This makes more sense to me after having trespassers on cam the last few years and not ever finding out who they were. I think it will be very difficult to keep the south access going forward especially since I need to tell the owner to the south they don't have permission. So what would some of you do in this situation? Sent from my iPhone using IW
LYON
PMA Member
That's a rough one. It definitely needs to be addressed. What hey did was wrong, no doubt. The South landowner likely just figured since you use his land for hunting it would be fine if they use yours. If he's a non-hunter, I can totally see where that mentality would seem okay. My opinion is you need to tell them they do not have hunting rights in your timber. You don't hunt theirs, just use it for access, correct? The other way is bring the son in law in and hunt with him. Maybe it can get you a better relationship with the owner and possible access to other ground? I don't like the fact that they lied though.....that really rubs me the wrong way.
Have you pursued getting a legal easement?
I did talk to an attorney a few years ago. Made it sound like once we go that route the court will be the final deciding factor of where the easement would go, good or bad for us. It could be what we current use, it could be from a different landowner. I never went any further with it for fear it would upset other landowners that have had no dog in the fight. But yes, it may be time to revisit this.
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skyleralan
PMA Member
You would think that would have came with the property rights. Landlocked ground is tough to sell for that reason alone and stories like this.
Old land split by my great-great aunt in early 1900's. This small tract was kept by her then deeded to my dad in early 1970's. You are right, if we were to sell to anyone other than the current adjoiners any loan would not close without a legal easement.
What is even harder.....trying to buy a few acres for access from any of the adjoiners!
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Daver
PMA Member
Yikes, that is a tough scenario...especially since you don't have an easement now. Like someone else said, I could see the non-hunting landowner waving his son-in-law on in on yours since he was letting you use his ground, etc. (Note - I am not in agreement with that, but I have seen very similar things before, so it doesn't come across as a shocker.)
I think I would try to talk to the south landowner and let him know that from a safety standpoint, etc, you really don't want others in your timber and see how that goes.
Otherwise, I think I would probably follow the easement process and hope for the best.
I think I would try to talk to the south landowner and let him know that from a safety standpoint, etc, you really don't want others in your timber and see how that goes.
Otherwise, I think I would probably follow the easement process and hope for the best.
arrrgh11
Member
I am not a lawyer, but I think it would be pretty easy for you to get a legal easement based on several factors.
1. Sounds like your family has had a right of way easement permission for a long time.
2. An easement would be reasonably necessary for you to enjoy your property
3. From what you describe your family can show "unity" of title - meaning that at one point both pieces of land had a common owner
1. Sounds like your family has had a right of way easement permission for a long time.
2. An easement would be reasonably necessary for you to enjoy your property
3. From what you describe your family can show "unity" of title - meaning that at one point both pieces of land had a common owner
KnuckleDragr
Active Member
Not to open a can of worms, but I'm only asking because I'm curious myself about this situation. But would this be considered poaching? More than likely, the son in law assumed that he was not trespassing, but in reality, he shot a deer off of property that he did not have permission to be on. Once again, not trying to start a huge discussion, or deter from the easement issue, but I'm curious how this could play out hypothetically if a guy was to press charges for trespassing to the individual.
I'm not certain but I don't think you can be landlocked. I think someone can be forced to give you a legal easement. Not saying that's the way to go because it will entail hiring a lawyer and probably upsetting one landowner, but I don't believe you can legally be kept from accessing your land.
Easements are VERY costly when done thru the court. There are exact guidelines that have to be followed. I would first talk to the son-in-law and the south land owner and try to make sense with them. If all fails then go the legal routs but be prepared to shell out some money.
KSHUNTER
PMA Member
In most states a piece of landlocked property is entitled to an easement, but as already discussed you will have no say where it is granted and it's costly to have a court make the determination. At this point the son-in-law has done the damage this season, so there is no point at rustling feathers, yet. I would start talking to the landowner about the easement and if you get it in place then bring up the son-in-law issue. I would guess if you bring up the trespass issue now you won't have access and you wont get an easement signed.
It is a tough one though, bad blood between neighbors is never fun, I know from experience. Just like the old saying, "You catch more flies with honey than vinegar".
Good Luck!
It is a tough one though, bad blood between neighbors is never fun, I know from experience. Just like the old saying, "You catch more flies with honey than vinegar".
Good Luck!
Highmark
PMA Member
I can tell you with a lot of experience that legal easements can be beyond difficult and costly but by law you have to be given access to your ground. I can link you to a case of ground that I purchased that had an easement case go all the way to the Iowa SC prior to me buying it. The easement was to go thru somewhere else but that neighbor wanted it to go thru the ground I purchased. It was a complete cluster you know what.
I'd try and work it out as amicably as possible before going thru the courts.
Generally speaking the legal easement will come from the closest public road with the least amount of monetary damage to the land its crossing if you cannot prove usage without yearly permission for 10 years. They can make you double fence the easement plus pay for the condemned portion which can only add to the cost if you cannot prove prescriptive easement. (prior "known use" without asking permission.)
Always make sure when you are giving someone permission to cross your ground to make them ask or even better get the permission documented at your local Recorders office with them signing they know its not permanent.
I'd try and work it out as amicably as possible before going thru the courts.
Generally speaking the legal easement will come from the closest public road with the least amount of monetary damage to the land its crossing if you cannot prove usage without yearly permission for 10 years. They can make you double fence the easement plus pay for the condemned portion which can only add to the cost if you cannot prove prescriptive easement. (prior "known use" without asking permission.)
Always make sure when you are giving someone permission to cross your ground to make them ask or even better get the permission documented at your local Recorders office with them signing they know its not permanent.
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SuperDuty
Member
Few years back my family and I had this issue but from the land owner who granted access
We purchased 9acre farm that's butts public area and a lady from desmoines owned north side of us and in our deed is said easement only if north land split off. In that case she sold all to one guy who had access from his side so no need for easement then then put a drive way in to my pasture and started rocking a drive way took to courts and fought it spend quite a bit of money on the deal but made it so they couldn't use because they had access from their house. But back to you'r problem I would have lawyer look into it a gentleman's agreement has no authority anymore
We purchased 9acre farm that's butts public area and a lady from desmoines owned north side of us and in our deed is said easement only if north land split off. In that case she sold all to one guy who had access from his side so no need for easement then then put a drive way in to my pasture and started rocking a drive way took to courts and fought it spend quite a bit of money on the deal but made it so they couldn't use because they had access from their house. But back to you'r problem I would have lawyer look into it a gentleman's agreement has no authority anymore
supserdave
PMA Member
Seems like from what I've heard easement deals go to whoever has the deepest pockets. I would talk to the guy and try and work it out. Sure sounds like the son in law has it made, you do all the work and he reeps the rewards.
ButChicken
New Member
Just let it go and be cool to the neighbor to the south. It is just a deer and the place will grow more. Talk to them and see if they will let you hunt their place too, since they are hunting your place. Get them on board with QDM and grow even bigger deer. A war is the last thing you want.