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Legal rights of ways question
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<blockquote data-quote="Lisagrantb" data-source="post: 1683405" data-attributes="member: 39668"><p>My wife inherited about 150 acres when her father passed away a couple years ago. About 20 years ago the property behind us was land locked and I'm not sure what or if any easement agreements were put in place. About 20 years ago a doctor purchased the place behind us as well as some property to the side of us and that gave the landowner road access and there is an existing road going into both pieces of property now. Up until this year an old family friend ran about 500 head on it and he has always going through our property to get to his and we had no problems because it was a scratch each other's back kind of arrangement. About 8 months ago the land owner told the rancher he had to get out even though he still had 2 years left on his contact. The rancher chose not to fight it and left. The owner has since rented the land to a farmer that they are friends with. The other day the farmer stopped by to talk to me and say hi and asked if he could bring some equipment in through our property and I said it would be ok but I told him that the gates going from our property to his was only a single gate and large equipment would not fit through it. He's had large equipment in before and it was brought in through their access road. I went on about my business and after a while a medium size tractor showed up and I talked to the operator and said it may not fit through the fence in the back and he said he would try. Well it fit through but he left the gate open, the cows were on the other side of the pasture and I was working on a fence and could keep an eye on it. About 2 hours later another larger tractor shows up and in a little while I look back there and they have brought a backhoe in and pulled the gate and H brace up and tossed them to the side and then they went on in and left it torn down. After about another hour a guy comes back and "fixes the gate" and still leaves the first gate open which was only about 50 feet away. I was mad really mad, about another hour goes by and the farmer shows up, I told him to not set foot on my property again to use his own entrance way. So for such a long story my question is, if there is an easement granting access to his property do I have to honor it if he has his own access now.</p></blockquote><p></p>
[QUOTE="Lisagrantb, post: 1683405, member: 39668"] My wife inherited about 150 acres when her father passed away a couple years ago. About 20 years ago the property behind us was land locked and I’m not sure what or if any easement agreements were put in place. About 20 years ago a doctor purchased the place behind us as well as some property to the side of us and that gave the landowner road access and there is an existing road going into both pieces of property now. Up until this year an old family friend ran about 500 head on it and he has always going through our property to get to his and we had no problems because it was a scratch each other’s back kind of arrangement. About 8 months ago the land owner told the rancher he had to get out even though he still had 2 years left on his contact. The rancher chose not to fight it and left. The owner has since rented the land to a farmer that they are friends with. The other day the farmer stopped by to talk to me and say hi and asked if he could bring some equipment in through our property and I said it would be ok but I told him that the gates going from our property to his was only a single gate and large equipment would not fit through it. He’s had large equipment in before and it was brought in through their access road. I went on about my business and after a while a medium size tractor showed up and I talked to the operator and said it may not fit through the fence in the back and he said he would try. Well it fit through but he left the gate open, the cows were on the other side of the pasture and I was working on a fence and could keep an eye on it. About 2 hours later another larger tractor shows up and in a little while I look back there and they have brought a backhoe in and pulled the gate and H brace up and tossed them to the side and then they went on in and left it torn down. After about another hour a guy comes back and “fixes the gate” and still leaves the first gate open which was only about 50 feet away. I was mad really mad, about another hour goes by and the farmer shows up, I told him to not set foot on my property again to use his own entrance way. So for such a long story my question is, if there is an easement granting access to his property do I have to honor it if he has his own access now. [/QUOTE]
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