Advice please

[OkieKubota]

If someone accesses their property by going through yours and you do nothing about it over time it becomes a defendable in court easement for them...there was that scenario going on here on this property back in the 70’s with neighbors putting a driveway to their house around the head of a hollow through this property. It actually ended up cutting out over 5 acres of land between the driveway and the property border...luckily my uncle was able to remedy that back in the 80’s with a backhoe. Neighbors now have a nice driveway through the hollow on their side of the fence. Luckily they didn’t fight it because it could have gone another way...

 

[jteeen]

If someone accesses their property by going through yours and you do nothing about it over time it becomes a defendable in court easement for them...there was that scenario going on here on this property back in the 70’s with neighbors putting a driveway to their house around the head of a hollow through this property. It actually ended up cutting out over 5 acres of land between the driveway and the property border...luckily my uncle was able to remedy that back in the 80’s with a backhoe. Neighbors now have a nice driveway through the hollow on their side of the fence. Luckily they didn’t fight it because it could have gone another way...

Exactly. I told my neighbor to fight it several years ago but as time goes on it is harder to argue. They will ask- how have you been getting in there all these years?

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[Jeff H]

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.

It's true I have made some assumptions based on the only info I have which is a guy leaving me a voicemail. I have left him one also. You have made some yourself. I'll admit I was not expecting the flame response from anyone on this forum. I guess you never know.

 

[Jeff H]

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.

That's a consideration I've looked at but will have to talk with him first. I think he could get his "easy access road" by trading a few acres of mine for a few acres of his.

 

[weekender21]

That's a consideration I've looked at but will have to talk with him first. I think he could get his "easy access road" by trading a few acres of mine for a few acres of his.

That’s a solid idea.


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[j-bird]

NO. I don't allow him to build a road or have access on a permanent basis. He is simply trying to get something (a lot actually) for a little as possible and creating a PITA for you in the process. You either sell him the land he needs for access....and I would make it quite pricey.....OR he can build his access on his property. His access issues are not YOUR problem. A ROAD facilitates a lot of potentially bad things....more traffic, a home site or campsites....especially if he isn't living there and he opens his place to others.

Only way I sell him the land he needs is if I can get the funding to afford a perimeter trail and fence along that property boarder.....because I think your going to need it! And I would have that number in my head FIRST!

 

[X-farmerdan]

It's true I have made some assumptions based on the only info I have which is a guy leaving me a voicemail. I have left him one also. You have made some yourself. I'll admit I was not expecting the flame response from anyone on this forum. I guess you never know.

It was a calculated response based on the way you posed your question. It's a tough group here. If I hurt your feelings, I apologize.
We all make assumptions as we work thru life's little battles. Some are good. Some are bad, and some we make without even knowing it.
It would have been easier to just move to the next post, but, where there might be hope, I'll challenge you before I enable you.

 

[jsasker007]

Looks like the votes are in and the no's have it. Any more on this issue? I'm old school and believe good fences make good neighbors---you have to look out for #1.

 

[TheOldOak]

Little late on this one. I vote "no" on the easement. If you want that land cheap some day, best to keep it landlocked! I suspect that once you grant the easement, that 40 will be for sale at not nearly as good a price since now it's open for development, house building, trailer park, etc. I'm not trying to be a jerk, but why make his life easy and yours potentially much more difficult?

All that said, I would listen to what he has to say. I would tell him you'll think about it and a few weeks later let him know that you decided against the easement but would buy the 40 if he doesn't want it. Try to keep it civil as who he eventually sells to will be his decision...

 

[buckdeer1]

I agree as fences make good neighbors this has potential to start issues

 

[Letmgrow]

I wouldn't allow a right of way period. If you do you will have no control over who uses it and how. I'd be surprised if the land didn't come up for sale shortly after you signed the paperwork . It would priced higher than you'd ever want to pay. Presently you have the upper hand. He can sell it to you for pennies on the dollar or sit on it and pay taxes on a useless (to him) piece of property.
Selling a ROW would have little benefit to you. not selling the ROW may in time have a benefit to you. If the land was to come up for a tax sale grab it.
I wouldn't make any offer at this time. Let him sit on it and think about it for a while. Keep your conversation with him civil so he doesn't develop an attitude and never negotiate a deal with you.
In my county you can't sell or buy land without the land having access to at least 150' road frontage.
Lynn