Advice please

I have a neighbor to the south of me who is asking for permission to build an access road across my property to access his Northern most 40 acres. Without this road he cannot get a vehicle into that area. Not even a 4 wheeler.
In the picture below my property is in Blue, His property is in Red and the area he wants an access road is in Green. The county road access is on the East side of both properties in Yellow. FWIW I have 50 acres that I can't get a vehicle into. That's just life in the Ozarks.
To provide a little background. I've owned my property for 22 years. He has inherited his 2 years ago. Gun season is in two weeks. He lives hours away in Kansas and I live 30 mins away. He had it logged 2 years ago and that Northern section was cut. I had been absent during that time but I'm pretty sure the loggers came across my property to get the logs out. Other than a helicopter or maybe mules I don't see any other way to get them out. I've not spoken to him yet, but he left a message on my voice mail this morning. I tried to buy this land years ago from the relative of his that he's inherited it from but she had no interest in selling. I'd still be interested if the price was right.
The road he wants has zero benefit to me and I don't see any reason to grant his request unless he wants to buy the easement. I'm assuming he wants to get in there to deer hunt but If I grant permission he could have a house, or three trailer houses in there in a month's time. In your opinion is there any reason to grant this easement? I don't want to burn any bridges but also don't want to be taken advantage of.

He has access...he can build a road across that hollow...takes money but doable. If he went across you to log I would file legal proceedings...

OkieKubota said:

He has access...he can build a road across that hollow...takes money but doable. If he went across you to log I would file legal proceedings...

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My thinking as well with the dozer..and money. I spent 6,000 to build a road when I first bought my land to give me better access. As far as the logging I have no proof and it's in the past. I'll let bygones be bygones.

Hell no. Opening a future can of worms. He may not even stay the owner of the property and once ROW is given, it can be an aggravation legally. And no offense but I assure you my typography Trumps yours, and I can get a road anywhere with an excavator, dozer, and chainsaw. Make him use his own land for access. My opinion. And btw I do have a ROW road that transects my property that was already deeded. One of the two land owners is great, the other I had to make him realize and understand that the ROW allowed him access but I owned the land and if he wanted to be an a.. then I'd put 6 gates up for him to open and close each one. Mellowed out after that. They actually keep stone on the road which is 2/3s mine which is good. But I do wish it wasn't there. Good luck.

You would be giving up way too much...I will post later how this almost exact scenario was reversed on my place and an access road was taken away and the neighbors had to build a new road across a hollow...

dogghr said:

Hell no. Opening a future can of worms. He may not even stay the owner of the property and once ROW is given, it can be an aggravation legally. And no offense but I assure you my typography Trumps yours, and I can get a road anywhere with an excavator, dozer, and chainsaw. Make him use his own land for access. My opinion. And btw I do have a ROW road that transects my property that was already deeded. One of the two land owners is great, the other I had to make him realize and understand that the ROW allowed him access but I owned the land and if he wanted to be an a.. then I'd put 6 gates up for him to open and close each one. Mellowed out after that. They actually keep stone on the road which is 2/3s mine which is good. But I do wish it wasn't there. Good luck.

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Thanks Dogghr. "Future can of worms" is kinda what I was thinking too.

I would ask him straight out how he got the logs out. Then you have leverage as he could be in a bad situation. I’m assuming where he wants a road is easy access? I think you are very right about infrastructure being built if he has an easy way in.

Buckly said:

I would ask him straight out how he got the logs out. Then you have leverage as he could be in a bad situation. I’m assuming where he wants a road is easy access? I think you are very right about infrastructure being built if he has an easy way in.

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I do plan on asking him that when I call him this evening. I also expect him to Lie. I won't tell him that I have no proof either. I know how to play this game. The road is basically already there from when I had it logged 10 years ago. Grown over and cabled off but able to make roadworthy with chainsaws and some hard work. Very easy access. To be honest whoever divided these parcels up 50 years ago was smoking some locally grown tobacco.

Jeff if his land was logged only 2 years ago I would think you should be able to see whether or not they went across your property. Is Hutchins Rd the one that needs to be reopened? Like mentioned above he could have his own access built.

What doggr said

suburbhunter said:

Jeff if his land was logged only 2 years ago I would think you should be able to see whether or not they went across your property. Is Hutchins Rd the one that needs to be reopened? Like mentioned above he could have his own access built.

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Hutchins rd is actually a driveway. He wants to come across the county road on the East side. See the green line.

Got it,I would respectfully suggest continuing on with the old county rd with a dozer, or make an offer for it.

yeah, I'm a NO!

I will be as kind as I can possible be, but WTF? You haven't talked to the man? And your making assumptions on what basis?
You are pretty sure he came across you land? You expect him to lie? And the road is already there? He left you a voice message to which we have no access and you want an opinion? From here? Really? Tell me again the facts you have at your command? YOU would be interested in buying it at the right price? There is only one price and if two parties can come to an agreement, then this must be the right price, but you want start negotiations assuming he's a liar? And you are willing to sell an easement? But you don't know that he isn't interested in offering an incredible amount of money for an easement? You don't know, or, if you are, you want opinion here to support your decision to not offer an easement at any price? I don't understand.
And did I read correctly that a road is already there? Have you done any land records research to be sure there isn't already an easement in place? Yes, my panties are in a knot tonight. But, get you stuff together.

Back to the original question...

Like you said, I’d definitely hear him out. But I agree with most of the above, I wouldn’t do it if it were to go across my land. Whether or not it’s hard for him to access, he has legal access to his property. You are under no obligation to give him access across yours. If he had no other means to access, that’s a different story. But a road/easement creates too many issues.

I don’t believe you’ll burn a bridge by saying no. Most likely, he’s already expecting it. But who knows, by discussing it, you may come out with something beneficial for both, as in an exchange of land. Both pieces of land are weirdly shaped, maybe he could exchange some land on his north side for a small portion of yours? I did something similar with a neighbor and we both ended up with full road frontage on our parcels, and I ended up with slightly more land out of the deal. Just an idea.



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The last place I sold , the neighbors bought it and put restrictions on it and resold it. I would hear him out and listen to him. I've had some dealings that I gained several thousand dollars by just keeping my mouth shut. There is nothing to lose by listening to him. He may make an offer that will surprise you or you could put right of first refusal in the deal. Several ways to work out something. I would have a lot more respect for someone telling me that their not interested after listening to me than a simple hell no.

I'd definitely talk to him but no, I would not allow access across my property...for any price. If in your shoes, I'd rather sell a small portion on your southern end to him outright. ROW's kill resale interest and value IMO. I looked at many properties before purchasing mine and ROW's were non starters. If you're serious about potentially purchasing his property I'd lead the conversation with that.

My farm county is virtually all money making farms that have been n families for generations. As these thousands of acres of farms were broken down for families into smaller 500-1000 ac tracts deeded ROWs became the norm. There is hardly a tract n the county that doesn’t involve a row n some form
My point....my friend whose family owned for generations went to sell at death of their parents. A deeded row existed but the fellow had crossed their property by way of shortcut basically across their front yd. he had died and sold. Fast forward you guessed it, it took years and lots of lawyer money to evict usage of that undeeded access. Nice works but who is there later may make what was a good thing into a nightmare.
Back to mine. My first confrontation w the on unpleasant owner and his buddy was a nose to nose conversation that was not going well the first few minutes and honestly was glad I had the 38 backing me up. I had already met his coowner and he was super nice. Anyways I stood my ground but he was a lousy shoot anything coowner that no longer is part of that land.
My point is it’s not the present that typically is the problem but a possible future. My answer stays hell no but then I don’t play well w others sometimes. Good luck. Make it legal if u do it.


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I would not at all be interested in giving a ROW for someone to cross my land but for an electric line ROW I would be more apt to. Still I would want to meet the guy face to face and collect all the information about what he wants and what he is willing to give in exchange. At least then if the answer is still NO you had at least considered the request with all the "facts" including how those logs were transported off his property and no one can fault you for that. And the new guy on the block will have at least been given fair consideration and not feel simply blown off.

I wouldn't, but I have been on the other side of this. The 160 to the south of my neighbors 160 sold, new owners put up a bunch of locks and gates. Road is visible on google earth for 40 years and has been there since indian times, is shared by several landowners but it is NOT a county road.They completly blocked off access to my neighbors land. Well, the access was always a handshake deal. No offfical easement. They allow the gas company in and another neighor with a deeded easement but not my neighbor.

My point is once any sort of access is there deeded or not in can cause problems. It's called a prescriptive easement. It is mostly a slam dunk court case but takes $$ to pursue. My neighbors dont have the money to sue so now they just drive 4 wheelers in for hunting and the 12 year old kids walk in on foot for 2 miles. Bad deal for everyone.

I wouldn't even let them drive a 4 wheeler across it for hunting. Definitley don't put anything in writing.

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