Re: Pirated driveway
[Re: Dana I]
#6870097
05/12/20 11:17 AM
05/12/20 11:17 AM
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Joined: Sep 2010
Posts: 6,546 NC, Orange Co.
QuietButDeadly
trapper
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trapper
Joined: Sep 2010
Posts: 6,546
NC, Orange Co.
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What you have is a mess.
Bottom line, the farmer had no right to create a road on your property for his convenience. You have been wronged and have a right to recover. That recovery could be to return your land to the original condition or some trade off that is acceptable to you. That trade off should not be permission from the farmer to access your land through property that the farmer only leases.
Either make him restore your land or build you a road on your land to access your property. Those old apple trees had value to you. Do not know about your laws but if someone here cuts timber on the wrong side of the property line, they have to pay 3 times the value of the trees. Trees have value other than for timber. You are probably gonna need a lawyer to make it happen but if you just let it go at what has been offered, you are getting screwed! I would start by blocking the new road that was built on your property without your permission and go from there. .
Life Member: NCTA, VTA, NTA, TTFHA, MFTI Member: FTA NRA NWTF
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Re: Pirated driveway
[Re: Dana I]
#6870099
05/12/20 11:19 AM
05/12/20 11:19 AM
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Joined: Mar 2019
Posts: 273 CT
Big George W
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trapper
Joined: Mar 2019
Posts: 273
CT
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whoa... they don't own the land but decided to bulldoze their own driveway to connect two parcels of land that they rent - across your property - without permission ??
Not cool.... man, I'd be furious about that if it happened to me and I would make them fully restore what was taken away, not to mention remove their pirated driveway as well.
I have two right of way driveways cutting across what little property I have - believe me - I make it well known that legally all they can do is ingress and egress - nothing else while passing through my property, unless I give permission [*which on occasion I do...]
My friend, I'd be calling a lawyer if I were you as I see nothing good coming out of this long term.
Respect, Big George + Loki the Dog..... East Derby, CT CTA [life member], NTA, FTA, FBU Connecticut Republican Party
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Re: Pirated driveway
[Re: Dana I]
#6870120
05/12/20 11:44 AM
05/12/20 11:44 AM
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Joined: Mar 2019
Posts: 273 CT
Big George W
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trapper
Joined: Mar 2019
Posts: 273
CT
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*I want to add that the house behind mine [the closest right of way driveway] actually took property from another homeowner up the hill, by simply deciding that their backyard went father than it ought too.
This was about 25 years ago, and because the original affected homeowner knew nothing about it, the "pirates" got away with it - and today legally it is now a part of the current homeowners property [who also has no idea about his larger than it should be backyard], and the new homeowner on the hill has no idea about how this happened, etc.... but property boundry maps do not lie, and every now and then I am generous enough to produce the copies of all the surveyed land maps that I have so folks can see what's what.
I've had former neighbors think that my land is their's - last time someone had ideas I made sure he saw me sighting all my rifles one fine sunny day.... never had a problem again.
I know I don't always agree with everyone here on T-Man, I can't help it as a kid from the Big Apple now living in a small broken city in CT but property - land ownership - is to me a real thing, and something that has to be defended by any means necessary.
If someone made a pirated driveway across my property, i would demand full restitution and restoration and since these are renters if I am reading this post correctly, I'd make sure that property owner knows what happened as well via my lawyer, because if they [the renters...] feel they got over on you, believe me it's only just the beginning - they will continue to take as the wish without your permission as long as they feel/know they can get away with it.
Respect, Big George + Loki the Dog..... East Derby, CT CTA [life member], NTA, FTA, FBU Connecticut Republican Party
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Re: Pirated driveway
[Re: white17]
#6870122
05/12/20 11:47 AM
05/12/20 11:47 AM
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Joined: Mar 2019
Posts: 273 CT
Big George W
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Joined: Mar 2019
Posts: 273
CT
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Yes - this is what I just mentioned above - property owner behind me took a part of another property owners land, today because of this illegal action that was never contested [I'm not sure if that's the right word] the boundries have changed, due to literally what falls under squatters rights...
Respect, Big George + Loki the Dog..... East Derby, CT CTA [life member], NTA, FTA, FBU Connecticut Republican Party
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Re: Pirated driveway
[Re: Dana I]
#6870125
05/12/20 11:50 AM
05/12/20 11:50 AM
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Joined: Mar 2011
Posts: 11,441 Montana ,Rocky Mtns.
Sharon
"American Honey"
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"American Honey"
Joined: Mar 2011
Posts: 11,441
Montana ,Rocky Mtns.
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Man, brings back memories. I have seen a similar situation years ago, it was terrible, until a legal agreement was made deeding access . A costly pain till it was all worked out , with hard feelings on both sides.
If this doesn't work out in full legal protection, maybe offering the surrounding land owner to buy that parcel , take that cash and get another property that has the access , as they all should.
There are states that claim for adverse possession of the road access, after an amount of time used.
Landlocked property is just awful .
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Re: Pirated driveway
[Re: Diggerman]
#6870128
05/12/20 11:54 AM
05/12/20 11:54 AM
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Joined: Feb 2014
Posts: 25,692 nm
adam m
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trapper
Joined: Feb 2014
Posts: 25,692
nm
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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. The neighbor kicked the hornet nest. The neighbor is leasing 2 plots of land with the op in the middle. It sounds like the tenant was tired of driving around the op property to get their other land. So the tenant without permission (written, recorded or oral) took a bulldozer to the op property. You bet the law would be involved if that was my land even though the op got better access to the back of their property.
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Re: Pirated driveway
[Re: Dana I]
#6870147
05/12/20 12:09 PM
05/12/20 12:09 PM
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Joined: Feb 2015
Posts: 776 MN, USA
star flakes
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Joined: Feb 2015
Posts: 776
MN, USA
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Legal rights on land are complicated. For example, you do not state the history of your property, which is between the other fields. There are road right of ways, even if a road is not there. There is the fact that people have "Right of Access", meaning they can not shut your right to access your land by crossing their property, and you can not do that to them either. Ranchers out west tried pulling this crap in the big corporate names liked Disney to shut off public land in a land grab.
As others have said, get it in writing, because there is an old 7 year use law, that if someone uses land uncontested, it becomes their land, whether you are paying taxes on it or not. In the writing part also, put in a stipulation that you have first right to purchase the adjoining properties if they sell, and if they will agree, that the easements return to you if they sell. You have to think about this too in making certain this is stipulated this is for non commercial and only agricultural use. They have a road now,and you do not want to find 300 houses in a development or an ATV off road park screaming up and down the roads all day and night.
As Reagan said, "Trust but verify", get it all in writing and think of the worst things you do not want happening, due to that road being there and make sure they can not do that. Your stick in this is, yes you made a verbal contract to what you agreed to, but verbal is not in writing, so expand it to writing, with the notice that this will end up in court otherwise. One more thing, get some or make some concrete slabs, to place at the corners of your new easement to mark it. Markers are legal and you do not need to inform the other owners of this, but record your doing this and date it. That holds up in court.
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Re: Pirated driveway
[Re: Dana I]
#6870155
05/12/20 12:14 PM
05/12/20 12:14 PM
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Joined: Jul 2016
Posts: 3,928 NY
Canvasback2
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Joined: Jul 2016
Posts: 3,928
NY
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OMG!! This brings back memories from several years back!!! Neighbor bought the burned out house next door, and rebuilt it. Turned it into a Restaurant, garden center, Antique shop , Gift Shop, Deli Shop AND A BAKERY SHOP ALL ON THE SAME PROPERTY !! Also had a Greenhouse on the property. They had parking for 26 cars on their parking lot. That is, IF you lined the cars up like Dominoes ! Well, One day the crap hit the fan , and they had more customers than their parking lot could hold . They lined up the overflow of cars along BOTH sides of the abandoned old road in front of MY HOUSE !! Blocking not only the private driveway, but also the Common driveway entrance. We could not enter or leave the property. The Mail Man could not deliver the Mail, The Garbage could not be picked up. Town REFUSED to do anything about it. Finally got the County involved , and they showed up with a big backhoe one Morning and it was a SIGHT to see !! They ripped out the entrance to the Common driveway and then that week, they ripped out the whole abandoned road in front of my house and then dumped truck load after truck load of clean dirt fill where the old road used to be. After seeding it three times over one Month, I had a new lawn !! They closed the Restaurant up not long after that !!!
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Re: Pirated driveway
[Re: Dana I]
#6870239
05/12/20 02:11 PM
05/12/20 02:11 PM
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Joined: Feb 2011
Posts: 2,042 SE Kansas
K52
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Joined: Feb 2011
Posts: 2,042
SE Kansas
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All the advise about adverse possession is all well and good but every state is different, so you really need get a lawyer and have him handle this, It's a real threat to your property. There is no way in H**l I would let the farmer come onto my land and destroy my property just so he doesn't have to drive his equipment around your land a few times a year. How could anyone think they have the right to bulldoze your trees, ground and NO Trespassing signs? I'd make sure that criminal charges were filed and the road tore out, the damage remediated, trees replanted, grass seeded, and whatever else it took to put the ground back the way it was. The people that did this thought that it would be easier to illegally destroy your property without your knowledge and ask forgiveness later. You need to show them the error of their ways or no telling what's next. Someone said something about being a good neighbor, The people that did this have no idea of what that is, it's not a one way street.
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