#3069867 - 12/08/12 07:32 PM
Property easement question????
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DMAG
4 Point
Registered: 11/13/10
Posts: 132
Loc: Bradley County, TN
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My uncle told me that I could hunt his mountain property anytime I wanted as it has been in the family for 50 years. He has never even been up there to see it, but I looked up how to get to it and it has no way in. My grandpa used to cut cedars for fence posts for the farm up there, but nobody has been up there except me and grandpa. There is a fire break that goes all the way to the property and it is surrounded by about 800 acres that has nothing on it. There is a road in, but it is gated and the guy that owns the first track wont give a key. Even on the property plots online, it shows no way in. Isnt there some kind of tennessee law that says you have to have a way in? Just wondering cause the property looks great for hunting and I dont have a lot of property to hunt anymore?
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#3069875 - 12/08/12 07:38 PM
Re: Property easement question????
[Re: DMAG]
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Diehard Hunter
12 Point
Registered: 08/01/08
Posts: 5241
Loc: East Tennessee
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Check the actual deed in the courthouse. It will list any deeded rights of way. Those are not shown on the property assessor page.
_________________________
One of the penalties of an ecological education is that one lives alone in a world of wounds. Aldo Leopold
Don't argue with an idiot He will drag you down to his level and beat you with experience.
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#3069878 - 12/08/12 07:39 PM
Re: Property easement question????
[Re: DMAG]
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Redwing
8 Point
Registered: 11/15/04
Posts: 1673
Loc: Blount Co.
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Call your Uncle, should be some verbage on the Deed.
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#3069946 - 12/08/12 08:23 PM
Re: Property easement question????
[Re: Redwing]
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ROUGH COUNTRY HUNTER
16 Point
Registered: 11/12/10
Posts: 10016
Loc: FRANKLIN COUNTY
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you can not be landlocked,check your deed
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#3069961 - 12/08/12 08:31 PM
Re: Property easement question????
[Re: ROUGH COUNTRY HUNTER]
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WestTn Huntin'man
16 Point
Registered: 11/19/06
Posts: 10876
Loc: Benton Co.
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If there is no easement your family should be able to get one. Also if there are any old grave yards they have to provide acess.
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#3070022 - 12/08/12 09:06 PM
Re: Property easement question????
[Re: WestTn Huntin'man]
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Southern Sportsman
6 Point
Registered: 09/18/11
Posts: 505
Loc: West TN
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There are several types of legally recognized easements. An "express" easement is what you are hoping for which would be on the deed to your property.
If there is not an express easement, there could be an "easement implied by prior use" an "easement implied by necessity." Both of which would depend on how the property was used before your uncle's tract was "cut out" of an existing tract, thus becoming land locked - which could date back many many years a be very difficult to track.
If all else fails, TN has a statute which allows for private condemnation in order to obtain an easement to a landlocked parcel - but you would have to pay for this.
Talk to your uncle, look at the deed. It's rare for there to be a landlocked parcel without an easement of some kind already in place.
By the way, it sounds to me like the road in is a common easement, and the guy who refuses to give a key is probably in the wrong.
Edited by Southern Sportsman (12/08/12 09:09 PM)
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#3070175 - 12/08/12 10:59 PM
Re: Property easement question????
[Re: Southern Sportsman]
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Slaughter-06
14 Point
Registered: 05/03/01
Posts: 7974
Loc: Dyersburg,Tn.
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He has to give you a right of way to farm or log your property not sure about hunt it.
Supposedly nothing can be land locked. Check your deed talk to your lawyer.
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#3070455 - 12/09/12 08:44 AM
Re: Property easement question????
[Re: Slaughter-06]
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nodog
4 Point
Registered: 08/12/12
Posts: 206
Loc: Ohio
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either way you'll have to deal with a guy who lives there and doesn't want you there, a crappy situation.
My money says your wrong about no one hunting there and your likely dealing with at least one of them. The deed description is what you need. I would as soon as possible get some legal council and discuss the options. If the council was good (yes you have to have access and yes the other guy can be forced to share the legal costs clearing the issue up) I'd have a talk with the guy and explain to him what happens next unless things change. If he remains obstinate I would proceed to clear things up legally. The cost would be worth having the land taken care of. If the guy becomes so offensive life there isn't worth it, sell it and move on, you'll be able to in good conscience, sell it to someone now that the legals been taken care of.
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#3070485 - 12/09/12 09:17 AM
Re: Property easement question????
[Re: nodog]
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Hangnail
12 Point
Registered: 11/30/00
Posts: 6028
Loc: Murfreesboro, TN
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I'd go the courthouse and read every deed that is recorded on the property. Depending on the laws of the time of the last property transfer, there is likely an access easement in place. There is a situation that is called an "easement of necessity", meaning that there can be a court ordered easement that is in place only until there is an alternate ingress/egress.
In the meantime, let the owner of the gate know you're a trap and skeet guy at heart and have always wanted a place to shoot five days a week.Tell him you plan on tournaments with about a dozen good friends at least once a month. If he wants to be a jerk, treat him like one.
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#3070496 - 12/09/12 09:25 AM
Re: Property easement question????
[Re: ROUGH COUNTRY HUNTER]
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BARhunter
6 Point
Registered: 11/14/05
Posts: 773
Loc: Franklin County
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you can not be landlocked,check your deed
Absolutely correct, but remember that it is very important to have a good relationship with surrounding property owners. Talk to the other property owners and be up front what your intentions are and that you respect their property lines and want to work with them, not against them. If that fails talk to an attorney. Good luck!
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Take care of God's creatures and you will be rewarded!
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