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Lease rights

3960 Views 46 Replies 24 Participants Last post by  WBF
Ok any attorneys out there? Have an issue that just came up. I own 125 acres there is an 80 behind me that is land locked. The 80 has an easement road through my property. No one lives back there the lady that owns it keeps horses and a few cows.
Now all of a sudden she wants to lease the 80 to hunters which means they would be driving across my property. Someone put it in her head she can get 10 grand a year for leasing the 80.
From what I have read I have the right to block hunters from going across my property. The easement was granted years ago when someone lived back there for personal use.
Thoughts? I am going to courthouse to get copy of easement
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If they have an easement, then she has right to lease I believe
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If they have an easement, then she has right to lease I believe
I think the same thing, u are prolly **** out of luck
Nothin says you cant out up 15 gates on the easement road.....
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From what I have read she does not. Are you speaking from direct knowledge or opinion?
I plan on checking with courthouse tomorrow will let you guys know.
If shes getting that much let me know who i would be willing to lease some land out for hunting lol
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Nothin says you cant out up 15 gates on the easement road.....
If it's for ingress and egress you normally can't.
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On my easements, I can give permission to anyone I want to ingress and egress. She can too. You might as well play nice and get info on those that have permission and make sure they know no stopping or shooting til they get on their side of the line.
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If she is asking that much it won’t get leased anyway
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Make sure you know exactly the legality of the easement and go from there.
I think it depends on how the easement is drawn up and how the court interprets it.Technically anyone who leases the land for hunting rights doesn’t own the land they are trying to access.So if it’s a full right of way then she can do what she wants but if it was drawn up in a manner naming a specific purpose or something then maybe you have a chance to fight it.
i would try and lease that 80 acres if i was u
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i would try and lease that 80 acres if i was u
This is your best bet. Like others stated , if it's ingress egress easement, nothing you can do to stop them.

Besides this, if you bought the property with the easement already granted, you should have known some may use the road for whatever purposes the easement allows.
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i would try and lease that 80 acres if i was u
Or Buy it ...
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Got a copy of easement from courthouse. It's a non exclusive easement. Unfortunately that does mean she can allow others to use the easement. She thought she owned the 40ft easement she does not it's granted as egress . I think she may in money trouble is reason she is looking to lease it. I have offered to lease within reason. Not sure who told her she could get $10,000 for 80 acres but that's nuts! Property leases for prime areas for 80 go from 1000-2500 per year. Heck I had a chance to lease 300 acres for 2000.
I will just deal with it make sure my property is posted and her lesses know property boundaries. Biggest deal is I have a lot of equipment including ATV & UTV tractor ect sitting at my base camp. Easement goes right past base camp. The only real hunting area that borders me is a cedar thicket and a large hay field.
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Might ask her to sell it to you if you're in the position to buy.

If she thinks her lease is worth $10k, who know what she'll want for sale tho.
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If they have an easement, then she has right to lease I believe
That's what happened on a property I leased. They had an easement forced on them to a land locked 18 acres. People who hunted it had to stay on the easement to access the property and couldn't hunt on the easement .
Yes that's the law they can access her 80 but not hunt the easement only 40 ft wide most borders my hayfield. She would not sell for sure land has been in her family for ages. Her dad and uncle owned the land they got into it about 3 yrs ago and one forced a sale on court house steps. The one brother wanted to make sure the daughter got the property bid it way up about 400 an acre over typically land prices at that time.
She said she would lease to me for 1800 but issue is she intends to run cattle on it.Also is having it logged taking out all the muture oaks.
I plan on passing just make sure the lesses know boundaries. Not much prime area connects to me. My biggest concern is security of equipment I have.
looks like a shed with a lock is in your future.

bummer.
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