Right of Way

DennisArrow · Jun 6, 2005

This is really a timely string for me and y'alls help would be appreciated........Last year I bought 5 acres next to me. Across that five acres is a road that goes up to a seldom used gravel quarry. Where the road bisects the property there is about an acre of mine that is on the other side of the road away from all the other property. There are several issues here that I COULD USE YOUR HELP WITH:
1. In the deed there is a clause that if the current property owner decides to sell, that the new owner has the "right" to buy the one acre in question. We bought the land with the idea that the buyer would have to pay OUR PRICE. Is this correct?
2. This road is, again, used for access to the quary. It is adressed in the deed as an easement for the quary owner. The road begins on another piece of property as it intersects a state highway. Do I have the right to use this access road? There is no other way to get to the acre on the other side of the road.
3. This road is about a 1/4 mile long. It goes THROUGH my property for 400-500 yeards. Can I just use the road to get to the property on MY side of the road.
4. He has a chain across the entrance to the road, which is on his property. Can I USE the road or is it a court thing?
The fella that owns the quary and has the easement is NOT a person that I can talk with. He resents that I bought the land and my efforts to stop erosion from his non-maintenance have been taken as an effort to shut his mining operation down. I cannot afford and attorney for even an opinion so any help would be great.

Junkman · Jun 6, 2005

( This is really a timely string for me and y'alls help would be appreciated........Last year I bought 5 acres next to me. Across that five acres is a road that goes up to a seldom used gravel quarry. Where the road bisects the property there is about an acre of mine that is on the other side of the road away from all the other property. There are several issues here that I COULD USE YOUR HELP WITH:
1. In the deed there is a clause that if the current property owner decides to sell, that the new owner has the "right" to buy the one acre in question. We bought the land with the idea that the buyer would have to pay OUR PRICE. Is this correct?)

If you own the property and there is a stipulation in the deed that if the seller of your piece of property sells another piece of property and that buyer wants your piece, you have to sell it to him, then what did you purchase? This doesn't make any sense to me. It sounds like all you bought it the right to pay taxes on the property, but the seller has the right to sell it again. You will definitely need a lawyer to sort this out. Usually when you transfer title to a property, you give up all rights to that property and the new buyer is free to do with it as he pleases.
( 2. This road is, again, used for access to the quarry. It is addressed in the deed as an easement for the quarry owner. The road begins on another piece of property as it intersects a state highway. Do I have the right to use this access road? There is no other way to get to the acre on the other side of the road.)

Only if you have a easement also across the property that isn't yours. If there was no easement given to you, then it will become a matter of "prescriptive need" to determine is one should have been granted, and was left out by error.

( 3. This road is about a 1/4 mile long. It goes THROUGH my property for 400-500 yards. Can I just use the road to get to the property on MY side of the road.
4. He has a chain across the entrance to the road, which is on his property. Can I USE the road or is it a court thing?
The fella that owns the quarry and has the easement is NOT a person that I can talk with. He resents that I bought the land and my efforts to stop erosion from his non-maintenance have been taken as an effort to shut his mining operation down. I cannot afford and attorney for even an opinion so any help would be great. )

Did you have an attorney represent you in this land acquisition? If not, you certainly should have. Either you don't understand your deed, or you have made a big mistake in the purchase. Sure hope that you didn't pay a lot for this, because it sounds like you are going to spend a lot to get everything straightened out as to what rights you have and the rights of others to use the land. This situation is too convoluted for me to understand without reading the entire deed to see exactly what it says and who has what rights.

DennisArrow · Jun 6, 2005

If you own the property and there is a stipulation in the deed that if the seller of your piece of property sells another piece of property and that buyer wants your piece, you have to sell it to him, then what did you purchase? This doesn't make any sense to me. It sounds like all you bought it the right to pay taxes on the property, but the seller has the right to sell it again.
This isnt quite correct...........the new purchaser has the option to purchase the land.....FROM ME.....I set the price, I do not HAVE to sell it to the new purchaser......hope this makes sense

DennisArrow · Jun 6, 2005

I should have said...........the old owner still owns the quary. I bought 5 acres from him. One of the acres that I purchased is on the other side of a road that bisects the property that I bought and adjoins the quary property. The deed reads that whoever buys the quary has an option to purchase my one acre. What the purpose of this option is to give the new purchaser clear "rights" to the road without using an easement through my land.
What really happened is that a good ol boy purchased the land from the quarry owner saying that he would never sell it; but the county requires 5 acres in order to build a house. The quarry owner believed him and sold the land to him with the clause about the acre and road. The ol boy sold the land to me.
Yes, I had an attorney who explained to me that I could demand what I want for the land; but could not get rid of the option clause until the quarry owner sells his land. When the new owner doesnt pay the price that I demand then the option becomes a done deal.
And yes, it is prime land, in a growth area.
THANKS

FL_Cracker · Jun 6, 2005

( 1. In the deed there is a clause that if the current property owner decides to sell, that the new owner has the "right" to buy the one acre in question. We bought the land with the idea that the buyer would have to pay OUR PRICE. Is this correct?)

If it doesn't address the price at which you must sell this land then it is a poorly written clause. But if no price is discussed then he has the right to purchase, but you have the right to set the price. Now if you set the price for me to purchase it then he would be able to match the price and buy it out from under me. (All this is said without see the wording in the deed)

( 2. This road is, again, used for access to the quary. It is adressed in the deed as an easement for the quary owner. The road begins on another piece of property as it intersects a state highway. Do I have the right to use this access road? There is no other way to get to the acre on the other side of the road. )

You can do anything you want to the road and this includes use it as long as it doesn't restrict his intended use. If the road starts on another property then you would need to gain access to that property to use the road unless you can gain access at the public road. If the chain is accross the road at the point where it meets the public road then I would ask him if you could add you lock to the chain so you can get to your property. If he refuses (which he can't keep you from your property) then cut the first link in the chain and add the lock any. Just because he has an easement doesn't mean it exclusive to him. You still have the right to access the land covered under the easement and that land on the other side of the easement. You also have the right to maintain the road to protect your propety from erosion.

( 3. This road is about a 1/4 mile long. It goes THROUGH my property for 400-500 yeards. Can I just use the road to get to the property on MY side of the road. )

See above answer...

( 4. He has a chain across the entrance to the road, which is on his property. Can I USE the road or is it a court thing?)

See above answer....

Good luck and DON'T let him walk on you....

BlueRidge · Jun 6, 2005

( Here is a link to wikipedia's description of adverse possession. )

wikipedia is WORSE than worthless. Any idiot can get on there and write anything they want to. There are no checks and balances. There is a clique that runs the place, and if one of them has staked out a certain area as his little domain, no corrections will be tolerated.

The bad thing isn't that it often has bad information - the bad thing is that it is presented as authoritative.

I concur that a lawyer is the last resort, BTW. If you can't get an easement, making your own driveway is probably the better choice.

Whatever you do, DON'T let this go without some legally enforceable resolution. If your present good neighbor sells, you may find yourself dealing with a bad neighbor, and then the lawyers will win.

DennisArrow · Jun 6, 2005

Thanks for understanding Cracker...................I really like the idea of the chain link..........
Question......if I go ahead and use the chain link idea, with his knowledge, and am not stopped for a period of time, when he does sell it have I established some kind of precedent to keep on using the road?........thanks

FL_Cracker · Jun 6, 2005

I dought that would fly unless it's a long time before he sells, and that would also depent on your state laws....

Can't help with that, requires direct legal info from your state.