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Pirated driveway #6869881
05/12/20 07:09 AM
05/12/20 07:09 AM
Joined: Sep 2012
Posts: 402
Perry, NY
D
Dana I Offline OP
trapper
Dana I  Offline OP
trapper
D

Joined: Sep 2012
Posts: 402
Perry, NY
My wife and I have a nice plot of land with a little cabin. So we get back to it the other day to find that a neighboring farm that has land on 2 sides but does not connect decided to build a driveway across our land to connect their 2 fields. We were not incredibly impressed so we made a couple phone calls and had the field manager of the farm out in about 20 minutes.

We showed him the posted signs that they bulldozed and let him know that we weren't too happy that they did not even bother to call us about this project. He was very apologetic and asked what they could do to alleviate the situation. They really couldn't undo it, the trees were already bulldozed. No real value in the trees it was just a few apple trees on the edge of a old orchard. It was just the principal that they decided to install a sizable driveway on our land and operate their equipment across without permission.

In the end it seems we are going to let them continue to use the new driveway in exchange for a right away along the edge of their field to access the back of our property. There is no way to get vehicles to the cabin without going across there so it is a pretty good win for us. We now will have much better access to use our cabin more.

Re: Pirated driveway [Re: Dana I] #6869903
05/12/20 07:37 AM
05/12/20 07:37 AM
Joined: Oct 2014
Posts: 599
Wisconsin
8117 Steve R Offline
trapper
8117 Steve R  Offline
trapper

Joined: Oct 2014
Posts: 599
Wisconsin
I would have them build you a road as good as the one they built for themselves.


Steve
Re: Pirated driveway [Re: Dana I] #6869909
05/12/20 07:48 AM
05/12/20 07:48 AM
Joined: Mar 2013
Posts: 1,010
chelsea,wi
keets Offline
trapper
keets  Offline
trapper

Joined: Mar 2013
Posts: 1,010
chelsea,wi
make it legal


2014 goals
(1) HAVE FUN
(2) TRY TO MAKE SOME MONEY
Re: Pirated driveway [Re: keets] #6869910
05/12/20 07:52 AM
05/12/20 07:52 AM
Joined: Oct 2009
Posts: 1,793
east central WI
K
k snow Offline
trapper
k snow  Offline
trapper
K

Joined: Oct 2009
Posts: 1,793
east central WI
Originally Posted by keets
make it legal


Agreed, 100%.

In writing is not enough. Sounds like some sort of easement is needed, for both parties.

Re: Pirated driveway [Re: k snow] #6869915
05/12/20 07:54 AM
05/12/20 07:54 AM
Joined: Dec 2006
Posts: 4,520
Three Lakes,WI 68
C
corky Online content
trapper
corky  Online Content
trapper
C

Joined: Dec 2006
Posts: 4,520
Three Lakes,WI 68
Originally Posted by k snow
Originally Posted by keets
make it legal


Agreed, 100%.

In writing is not enough. Sounds like some sort of easement is needed, for both parties.

Good advice, take it.

Re: Pirated driveway [Re: k snow] #6869917
05/12/20 07:55 AM
05/12/20 07:55 AM
Joined: Dec 2006
Posts: 31,367
Minnesota
330-Trapper Offline
trapper
330-Trapper  Offline
trapper

Joined: Dec 2006
Posts: 31,367
Minnesota
Originally Posted by k snow
Originally Posted by keets
make it legal


Agreed, 100%.

In writing is not enough. Sounds like some sort of easement is needed, for both parties.

Exactly


NRA and NTA Life Member
www.BackroadsRevised@etsy.com




Re: Pirated driveway [Re: Dana I] #6869921
05/12/20 08:04 AM
05/12/20 08:04 AM
Joined: Dec 2006
Posts: 12,879
SEPA
L
Lugnut Online content
trapper
Lugnut  Online Content
trapper
L

Joined: Dec 2006
Posts: 12,879
SEPA
Yep, get it recorded on your deed!


Eh...wot?

Re: Pirated driveway [Re: Dana I] #6869939
05/12/20 08:19 AM
05/12/20 08:19 AM
Joined: Sep 2012
Posts: 402
Perry, NY
D
Dana I Offline OP
trapper
Dana I  Offline OP
trapper
D

Joined: Sep 2012
Posts: 402
Perry, NY
There will be limitations on what they can do legally as the partial that we will need to drive on is not owned by them. They rent that field. But they can allow us to use it as long as they are renting it.

Re: Pirated driveway [Re: Dana I] #6869943
05/12/20 08:23 AM
05/12/20 08:23 AM
Joined: Jun 2015
Posts: 2,443
rogers city mi.
J
jeff karsten Offline
trapper
jeff karsten  Offline
trapper
J

Joined: Jun 2015
Posts: 2,443
rogers city mi.
Bad deal for you they're giving you permission on land they dont own??


olden tyred
Re: Pirated driveway [Re: Dana I] #6869947
05/12/20 08:28 AM
05/12/20 08:28 AM
Joined: Jan 2009
Posts: 2,513
Nebraska
Trapset Offline
trapper
Trapset  Offline
trapper

Joined: Jan 2009
Posts: 2,513
Nebraska
The owner of the property will likely do what the people farming it recomend. Sounds like trading easements would add convenience and valu to both properties.

The fact the ground is rented would make me want the easement more. So you donít have to renegotiate the deal every time someone else farms the ground.


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Re: Pirated driveway [Re: Dana I] #6869955
05/12/20 08:42 AM
05/12/20 08:42 AM
Joined: May 2018
Posts: 100
West coast Wisconsin
50fps Offline
trapper
50fps  Offline
trapper

Joined: May 2018
Posts: 100
West coast Wisconsin
Originally Posted by Dana I
There will be limitations on what they can do legally as the partial that we will need to drive on is not owned by them. They rent that field. But they can allow us to use it as long as they are renting it.



Check your local laws. In some states that would constitute a unknowingly trespass citation if the land owner pushed it.

Re: Pirated driveway [Re: Dana I] #6869956
05/12/20 08:43 AM
05/12/20 08:43 AM
Joined: Dec 2012
Posts: 4,152
Wi.
D
Diggerman Offline
trapper
Diggerman  Offline
trapper
D

Joined: Dec 2012
Posts: 4,152
Wi.
Originally Posted by Dana I
My wife and I have a nice plot of land with a little cabin. So we get back to it the other day to find that a neighboring farm that has land on 2 sides but does not connect decided to build a driveway across our land to connect their 2 fields. We were not incredibly impressed so we made a couple phone calls and had the field manager of the farm out in about 20 minutes.

We showed him the posted signs that they bulldozed and let him know that we weren't too happy that they did not even bother to call us about this project. He was very apologetic and asked what they could do to alleviate the situation. They really couldn't undo it, the trees were already bulldozed. No real value in the trees it was just a few apple trees on the edge of a old orchard. It was just the principal that they decided to install a sizable driveway on our land and operate their equipment across without permission.

In the end it seems we are going to let them continue to use the new driveway in exchange for a right away along the edge of their field to access the back of our property. There is no way to get vehicles to the cabin without going across there so it is a pretty good win for us. We now will have much better access to use our cabin more.

Appears on the surface you handled this really well.

Re: Pirated driveway [Re: Dana I] #6869959
05/12/20 08:50 AM
05/12/20 08:50 AM
Joined: Jul 2016
Posts: 2,651
Michigan
D
Ditchdiver Offline
trapper
Ditchdiver  Offline
trapper
D

Joined: Jul 2016
Posts: 2,651
Michigan
Is it a gravel driveway? Concrete? Asphalt?
I would not be as nice as you. You got screwed, imo.
I would continue getting to the cabin the same way you always have, and make them restore the land as it was.
Giving you permission to use SOMEONE ELSE'S land? What a joke. I'd be getting a lawyer.


When life gets me down..... you know hunting/trapping season is closed.
Re: Pirated driveway [Re: Dana I] #6869968
05/12/20 08:59 AM
05/12/20 08:59 AM
Joined: Mar 2007
Posts: 29,561
McGrath, AK
W
white17 Online content

"General (Mr.Sunshine) Washington"
white17  Online Content

"General (Mr.Sunshine) Washington"
W

Joined: Mar 2007
Posts: 29,561
McGrath, AK
Originally Posted by Dana I
There will be limitations on what they can do legally as the partial that we will need to drive on is not owned by them. They rent that field. But they can allow us to use it as long as they are renting it.



That sounds like a terrible idea to me.


Mean As Nails
Re: Pirated driveway [Re: Dana I] #6869978
05/12/20 09:08 AM
05/12/20 09:08 AM
Joined: Aug 2012
Posts: 2,501
SE Minn
R
Rat Masterson Offline
trapper
Rat Masterson  Offline
trapper
R

Joined: Aug 2012
Posts: 2,501
SE Minn
Make them put the trees back and restore all the grasses, weeds, as they were before. Or have them go the land owner and get me written easement to drive to my property.

Re: Pirated driveway [Re: Dana I] #6869988
05/12/20 09:18 AM
05/12/20 09:18 AM
Joined: Dec 2010
Posts: 22,236
Central, SD
Law Dog Offline
trapper
Law Dog  Offline
trapper

Joined: Dec 2010
Posts: 22,236
Central, SD
If they are just renting it they canít give him squat really if you have a easement to get to the property then your golden then you want access to the other place let them build you a road on your property then your in control.


Was born in a Big City Will die in the Country OK with that!

Jerry Herbst
Re: Pirated driveway [Re: Rat Masterson] #6869993
05/12/20 09:23 AM
05/12/20 09:23 AM
Joined: Feb 2014
Posts: 20,186
nm
A
adam m Offline
trapper
adam m  Offline
trapper
A

Joined: Feb 2014
Posts: 20,186
nm
Originally Posted by Rat Masterson
Make them put the trees back and restore all the grasses, weeds, as they were before. Or have them go the land owner and get me written easement to drive to my property.

X2
I'd called the cops right away. As far as I'm concerned that's criminal damage. They had no right to destroy your property. The land owner they lease from could also be held liable from their tenants. You got screwed of your land.

Re: Pirated driveway [Re: Dana I] #6870028
05/12/20 09:52 AM
05/12/20 09:52 AM
Joined: Dec 2012
Posts: 4,152
Wi.
D
Diggerman Offline
trapper
Diggerman  Offline
trapper
D

Joined: Dec 2012
Posts: 4,152
Wi.
You guys really believe kicking the hornets nest is the best way to handle this? OP has been crossing other peoples property to get to his cabin, now he should call the cops, don't get your logic.

Re: Pirated driveway [Re: Dana I] #6870041
05/12/20 10:05 AM
05/12/20 10:05 AM
Joined: Dec 2011
Posts: 8,081
MT
S
snowy Offline
trapper
snowy  Offline
trapper
S

Joined: Dec 2011
Posts: 8,081
MT
I would first see if a legal easement (perpetual) can be done between owner of land. If not obtained I would get an attorney and he would have a hay day with your situation.
Take pictures and document everything that has happened to date. You have a hole in one case and the upper hand in this issue.


Give me a fish, I will eat for a day. Teach me to fish, I will eat for a lifetime
Re: Pirated driveway [Re: Diggerman] #6870043
05/12/20 10:05 AM
05/12/20 10:05 AM
Joined: Dec 2010
Posts: 22,236
Central, SD
Law Dog Offline
trapper
Law Dog  Offline
trapper

Joined: Dec 2010
Posts: 22,236
Central, SD
Originally Posted by Diggerman
You guys really believe kicking the hornets nest is the best way to handle this? OP has been crossing other peoples property to get to his cabin, now he should call the cops, don't get your logic.


Yep build a bridge not a fence you will come out ahead.


Was born in a Big City Will die in the Country OK with that!

Jerry Herbst
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