land access question

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BamaDave

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Oct 9, 2006
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148
City & State/Province
Spring Hill, TN
I lease land from a timber co. The land sits in front of a couple of other tracks of land. We all share the main road. My land mostly only touches the edge of the road until almost to the end, then the road curves back onto my land, which I'm the only one who should be using this part. The rest of the other people's land stays on the other side of the road. I've been told that I cannot drive on the middle part of the road by the jacka$$ who's land the road is on before the road curves back onto my lease. The reason is due to the fact that all land owners wanted the timber co. to fork over most of the money to pay for the gravel road. My question is, can the land owner keep me from driving on the road to get to the back part of my land?

sorry for the long explanation.
 
what does your deed say? The land I just bought has an easement for bothproprty entrances. It was very clear on the deed how much road I had access to and even how wide( ten feet each side from the center of the road)
 
From experience if you dont have an easement like RMBBQ is talking about your in for a long road ahead. Or if there is any road frontage to property...both of these got us on a buddies property that I hunt in Hickman...I just became a better walker though.
 
Yes.. your deed should call for an easment if there is any.
Also there is the 20 year rule.
If there is no easment in the deed and the timber co. that you lease from has been traveling on that road to get to their property and it is the only access they have they can still use the road but.. the courts will have to decide that and have it put in the deed. I'll bet there is is an easment for the timber co. There is no way a company will go across private land "knowingly" due to the trouble that can accur. You can go to the county court house and pull your land owners deed and the other land owners deed and see for yourself. The regester of deeds should be glad to help you.
 
thanks dor the responses. I know that the timber co. uses the road, but there isn't anything in my lease about if I can or can't use the road.
 
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Go to the court house and check out the deed. It will surely have a very clear explanation of the right-of-way. I have an easement and it very clearly states 40 feet on each side from the centerline of the road.
 
You cannot landlock property in Tennessee. If the timber company's deed has the road listed as a easement there is nothing the landowner can do. I would call the person at the timber company over leasing, they can probably take care of the situation.
 
BamaDave said:
thanks dor the responses. I know that the timber co. uses the road, but there isn't anything in my lease about if I can or can't use the road.
Click to expand...

An access easement runs with the property, meaning that those who have an interest in the property, such as a leaseholder, have rights to the easement.
 

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