Right of Way? - TBH lawyers or knowledge needed

[crittergitter]

If I were the other landowner, I'd argue that you were overburdening the easement. I deeded it to you so you could access it by car or truck, not so a logging truck could drive across it and completely foul up my property.

And your rights are governed by what the language of the easement says.

dang lawyers...lol

could you not also argue that the land owner is limiting my access to my property and my right to improve my land?.

[Grayson]

Sure, you can go back and forth arguing all day long and waste each other's time and money, or you can be sensible, reasonable people and construct a solution that works for both parties.

[SMUMan02]

Sure, you can go back and forth arguing all day long and waste each other's time and money, or you can be sensible, reasonable people and construct a solution that works for both parties.

That sounds good, but my guess is the landowner is never going to agree to let logging trucks over the easement given the amount of damage they will do, so there might not be a mutually agreeable solution.

[Grayson]

That sounds good, but my guess is the landowner is never going to agree to let logging trucks over the easement given the amount of damage they will do, so there might not be a mutually agreeable solution.

Well that's not really my point, I was speaking in general terms and not specifically to this issue. I'm aware of the damage possibility; you'll see that I suggested your argument late last night. I don't think anyone has enough facts on this thread to give a good answer to the question.

[Ag 96]

That sounds good, but my guess is the landowner is never going to agree to let logging trucks over the easement given the amount of damage they will do, so there might not be a mutually agreeable solution.

Of course, the landowner might not have a choice depending on what the docs say. Most of my easements say something like this:

"Grantee, including any tenant, customer, invitee, agent, contractor, employee, or other party authorized by Grantee to use the Adjacent Property, may use the Easement Tract for the purpose of unobstructed access, for both pedestrian and vehicular traffic, to and from the Adjacent Property."

You just need to make sure that the easement is maintained and not rutted up.

[Muygrande]

It will all depend on the nature of the easment that you have. Get a real estate or farm and ranch lawyer to take a look at it.

[wesholm]

Language of the easement.

To the lawyer opinions on here, couldn't logging equipment possibly be a foreseeable use? Nature of the land, limited access, prior activities, ect.

[Leon County Slayer]

Thanks to all on here. A special thanks to ag 96!
Tomorrow's the big day, we'll go in and begin on rebuilding the bridge to get back to our place. If the ranch owner shows up, it could get interesting. I'll report back on the saga...wish I had an iphone so I could post pics and comments as the guy stands in front of the bulldozer

[ronny]

Good luck and be safe.

[Leon County Slayer]

thanks
and yes, I'm leaving the wife's .357 at home

[Ouch]

Do you have a copy of the easement in hand? If not, I'm currently working in Leon County and can send you a copy.

I have noticed in my time in Leon Co that most of the "easements" are actually deeded "tracts" of land. I can't imagine him having a leg to stand on if this is the case. Also, is he the landowner who originally granted the easement, or did he acquire title after the easement was established. I have seen this have some bearing on the outcome of such situations.

[Ouch]

PM returned. I think you gave me the wrong phone number.