Pirated driveway

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.

I would have them build you a road as good as the one they built for themselves.

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.

Exactly

Yep, get it recorded on your deed!

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.

Bad deal for you they're giving you permission on land they dont own??

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 don’t have to renegotiate the deal every time someone else farms the ground.

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

Appears on the surface you handled this really well.

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.

That sounds like a terrible idea to me.

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.

If they are just renting it they can’t 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.

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.

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.

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.

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

I really feel that given the ownership status of the property this is our best option. My wife's family has owned this land for a long time and has appoched the owner multiple times about access over the years. Was always told to go ahead and use it if it is ok with the tenant but won't give a permanent easement.

And to clarify we have not been going across anyone else to get to the cabin except for very rare occasions when we could do it without damaging any crops. We can access it from our side but we have to go across a swamp and cross a trout stream. So we have to either walk in or use a four wheeler. The last 2 years they have had corn in that field so we haven't been able to go that way at all.

I would absolutely talk to an attorney. No way I would enter any agreement with a tenant. Your proposed solution would be reasonable as long as it involves the landowner. But you need legal advice from a NY based attorney

EDIT: I would also insist that the tenant pay the legal fees involved.

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. .

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.

Another thing to be aware of is the tenant may eventually file a claim for adverse possession of the land where he built the road. In NY that requires ten years of use.

Might check this site for some info. https://statelaws.findlaw.com/new-york-law/new-york-adverse-possession-laws.html

Get a lawyer. You can still be good neighbors. Probably better if everything is legal.

*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.

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...

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 .

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.

The property isn't technically landlocked. We just can't access the back end of it (where the cabin is) with vehicles because of the swamp and stream that flows through.

It will be corn again this year. What we are working on is a agreement where they leave the edge for us every year so we can use it all the time.

After reading some of the concerns here there are a few things that will need to be addressed in the agreement.

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.

It would seem to me that now would be the time to get a permanent easement from the farmer landowners. By him Leasing his land to be farmed by the share croppers and them taking it on themselves to doze your property to make a road, does not let the farmer land owner off the hook. I myself would not mess around with this because sooner or later you will come out on the short end, more than you are now. I would buy them share croppers a case of beer for helping you out on getting a recorded easement to the back of my property.

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 !!!

Common driveway easements are nothing but trouble! Give someone an inch, and they will take a mile !!

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.

I would not get real huffy right off the bat. The owner may already have an old easement across your property. If you start off demanding you may loose your access while they retain theirs.

If you dont get a lawyer as White suggests, and I agree, I would at least look up your deed and make sure there is not an existing easement. Then go to work on easements for both of you. Most are written to permit immediate access and egress only. In other words, neither party can stop and pick wild flowers along the way. LOL

After reading some of the laws pertaining to this it seems the easiest way to do it would be to rent the driveway to them with the payment being the use of their field edge.

If we give them permission to use it the adverse possession laws don't apply.

May need to talk to a pro to be sure I am not mistaken on any of it.