What is the name of your state (only U.S. law)? Alabama
Our family trust owns 1,000 acres. We also lease the hunting rights on 400 acres from timber company A. A sold to company B and B is jacking up our rent. The access road B uses goes across a mile of our land. It is not deeded easement. I pointed that out and he sent me a deed from 1958 where my family sold A 40 acres and a deeded easement to the highway, about 1 1/2 miles over our property. I was not aware of that deeded easement however the intent was to be able to access the 4 acres south of a creek, the rest of the 400 acres is north of the creek.
The land on both sides of the creek slopes down to the creek bank and the bank is 12' to the creek bed. The creek is shallow unless the river is up and often overflows. It is very wet year around and does flood some years. A friend thinks it is in an EPA red zone meaning they would have to get an EPA permit to build a bridge or put in a huge pipe. There is no telling how many loads of gravel and dirt would be needed to build a road. Then they still have 1 1/2 miles uphill on a red clay road to get to the county road. Plus they have to take all timber to the very back of their property then out.
Can they successfully get an easement for the current road by claiming the creek is a natural barrier or some other way? I am thinking I will let them use the existing road with a yearly contract in return for the hunting rights which is $3200/year.
Thoughts and comments are appreciated.
FWIW, A was a local company we knew and B is an out of state corporation that seems to flip timber land for a profit. Coming in and raising the rent while using our road for free really made me mad.
Our family trust owns 1,000 acres. We also lease the hunting rights on 400 acres from timber company A. A sold to company B and B is jacking up our rent. The access road B uses goes across a mile of our land. It is not deeded easement. I pointed that out and he sent me a deed from 1958 where my family sold A 40 acres and a deeded easement to the highway, about 1 1/2 miles over our property. I was not aware of that deeded easement however the intent was to be able to access the 4 acres south of a creek, the rest of the 400 acres is north of the creek.
The land on both sides of the creek slopes down to the creek bank and the bank is 12' to the creek bed. The creek is shallow unless the river is up and often overflows. It is very wet year around and does flood some years. A friend thinks it is in an EPA red zone meaning they would have to get an EPA permit to build a bridge or put in a huge pipe. There is no telling how many loads of gravel and dirt would be needed to build a road. Then they still have 1 1/2 miles uphill on a red clay road to get to the county road. Plus they have to take all timber to the very back of their property then out.
Can they successfully get an easement for the current road by claiming the creek is a natural barrier or some other way? I am thinking I will let them use the existing road with a yearly contract in return for the hunting rights which is $3200/year.
Thoughts and comments are appreciated.
FWIW, A was a local company we knew and B is an out of state corporation that seems to flip timber land for a profit. Coming in and raising the rent while using our road for free really made me mad.
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