Richard
Elite Member
- Joined
- Apr 6, 2000
- Messages
- 4,823
- Location
- Knoxville, TN
- Tractor
- International 1066 Full sized JCB Loader/Backhoe and a John Deere 430 to mow with
Setup: Farm is surrounded on 3 sides by water. The farm USED to be double in size before TVA confiscated many acres (decades ago) for the lakes. Point of that is... the "farm" would go to the waters edge but for the fact that TVA owns all the beachfront and in our area, interestingly enough, all the land up the hill that would become prime building for lakeview homes (as has been done across the lake from me)
Now... on the far point of this land peninsula, TVA has some high power electrical lines that cross the lake and traverse over the land to their dam. This tract of land is now on their land (prior land of farm) BUT...this tract of land is essentially blocked from easy access since the farm is here.
They COULD in fact, build a road or simply use the walking trails to walk out to this place but they need to get a tractor/mower out there every now & then as well as some repair trucks that are used for maintainence of the high powered lines.
My understanding from a conversation I had probably ten years ago with my father in law is...
TVA has an easement to get from the road, across the farm, back to their area. This easement however (and this is where I might be mistaken) is an old access road on a specific part of the farm.
Now... if that last presumption is correct then here are some facts:
1. The old access road is at minimum overgrown with weeds but more likely, has saplings and trees growing in it since TVA only comes out every blue moon.
2. The access road is on the backside of the farm and was at one time, probably their "easy" way to get to the towers since the farm was cut and had roads instead of their woods (which used to be the woods on the farm) having no roads.
Yesterday, I "caught" two groups of guys on 4-wheelers driving off the farm. As it turns out, they were contracted by TVA to do some maintainence.
Here's my basic questions:
1. If indeed, there is an easement/right of way on the farm somewhere, should it be listed somehow in the farm deed? If so, would it give specific allowances to their ingress or absent any verbaige to that, could they come "willy nilly"?
2. If in fact, the deed DOES stipulate that "the old access road" is their easement then unless they are using their "old access road" they would be treaspassing?
3. If in fact, the deed stipulates they use the old access road and in fact, it's over grown... just who is responsible for keeping it passable?
Frankly, if I were my father in law, I would have told them back when.... "if you are going to take 250 acres of my land then you can make your own #$(#& road to your towers... I'm not going to let you take half of my property AND then force me to allow you to use my remaining property to get to yours, when you have access to yours simply by bulldozing your own access road from the paved road."
Be it as it may... they come in the main entrance to the farm and according to a 10 year old memory of a discussion I had with my FIL, their access point is actually on the opposite side of the farm BUT, if true, they don't have 'easy' access through it since it's over grown.
I want to find out what the facts are and if they are supposed to use this old access road and THEM maintain it, I might look into applying pressure to that end.
I will of course, need to think that through and balance that logic with the reality of others using that same access road and thereby becoming trespassers.
sigh.... why can't they just ride a boat to their towers... I hear electrical towers and lake water make an interesting combonation
I've attached a picture that shows the basic outline of the farm and how its surrounded by water. The arrow is where the entrance to the farm/houses is and their path to the towers.
On the 'north east' side of this picture, you can see another line where they COULD travel on their OWN land to said towers. Since they own all the land next to the water, they have unencumbered access to this direction except crossing the farm is their "easy button". You can even see the line where the power lines cross the earth.
Now... on the far point of this land peninsula, TVA has some high power electrical lines that cross the lake and traverse over the land to their dam. This tract of land is now on their land (prior land of farm) BUT...this tract of land is essentially blocked from easy access since the farm is here.
They COULD in fact, build a road or simply use the walking trails to walk out to this place but they need to get a tractor/mower out there every now & then as well as some repair trucks that are used for maintainence of the high powered lines.
My understanding from a conversation I had probably ten years ago with my father in law is...
TVA has an easement to get from the road, across the farm, back to their area. This easement however (and this is where I might be mistaken) is an old access road on a specific part of the farm.
Now... if that last presumption is correct then here are some facts:
1. The old access road is at minimum overgrown with weeds but more likely, has saplings and trees growing in it since TVA only comes out every blue moon.
2. The access road is on the backside of the farm and was at one time, probably their "easy" way to get to the towers since the farm was cut and had roads instead of their woods (which used to be the woods on the farm) having no roads.
Yesterday, I "caught" two groups of guys on 4-wheelers driving off the farm. As it turns out, they were contracted by TVA to do some maintainence.
Here's my basic questions:
1. If indeed, there is an easement/right of way on the farm somewhere, should it be listed somehow in the farm deed? If so, would it give specific allowances to their ingress or absent any verbaige to that, could they come "willy nilly"?
2. If in fact, the deed DOES stipulate that "the old access road" is their easement then unless they are using their "old access road" they would be treaspassing?
3. If in fact, the deed stipulates they use the old access road and in fact, it's over grown... just who is responsible for keeping it passable?
Frankly, if I were my father in law, I would have told them back when.... "if you are going to take 250 acres of my land then you can make your own #$(#& road to your towers... I'm not going to let you take half of my property AND then force me to allow you to use my remaining property to get to yours, when you have access to yours simply by bulldozing your own access road from the paved road."
Be it as it may... they come in the main entrance to the farm and according to a 10 year old memory of a discussion I had with my FIL, their access point is actually on the opposite side of the farm BUT, if true, they don't have 'easy' access through it since it's over grown.
I want to find out what the facts are and if they are supposed to use this old access road and THEM maintain it, I might look into applying pressure to that end.
I will of course, need to think that through and balance that logic with the reality of others using that same access road and thereby becoming trespassers.
sigh.... why can't they just ride a boat to their towers... I hear electrical towers and lake water make an interesting combonation
I've attached a picture that shows the basic outline of the farm and how its surrounded by water. The arrow is where the entrance to the farm/houses is and their path to the towers.
On the 'north east' side of this picture, you can see another line where they COULD travel on their OWN land to said towers. Since they own all the land next to the water, they have unencumbered access to this direction except crossing the farm is their "easy button". You can even see the line where the power lines cross the earth.