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Morris, IL | Not sure where this should go but lot of traffic here so i'll try this, feel free to move it if needed. Landlord has a farm that has no culvert from the road on his property. He has owned it this way forever basically and his father did before him. The farm had a farmstead on it way back many years ago but is long gone now, couple houses next door that everyone used one driveway, farmer, farmstead owner, and homeowner, like i say it's been this way for probably 75 plus years and everyone got along. Now the farmstead is long gone and just left with the farmer and one home owner. We believe the entrance is legally on the homeowners property. Is there any legal verbal easement if there isn't a legal one in situation like this? I know it's been used this way for very long time. I've always been told we have an easement, homeowner said courthouse says otherwise. No question if we can't get along we'll put in a culvert and a fence and go our own ways, we can get along without it. I'm just wondering if they got very nasty and forced replacement of driveway would they have any ground to stand on? Driveway was paved with asphalt 10 plus years ago and that is when it started going down hill, now they feel we are cracking it. It's cracking all the way to the house as well, also cracking 6" from the mail box, i guess mail carrier must be tearing it up as well. Thanks in advance.
Ok, i basically know we'll have to put a culvert in. Can they come after for past use or damage as they claim.
Edited by NEILFarmer 5/30/2016 21:26
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SW Ohio | Bet you need a wider entrance anyway... Throw a 60' culvert in and enjoy.
Legal would depend on deed easements. |
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NE Iowa | If there is a nice place for a drive, put it in, once the homeowner blacktopped his driveway, it should have been put in so as not to bust it up with heavy farm equipment and cause hard feelings...MO |
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Ohio | Put in your own culvert. Easement or no easement it's easier than dealing with other people and this way there is no one to get mad at you and you'll always have access to it. We have one land lord that goes through a house property to get to his farm and I swear every time we pull in to go through it she's there looking at us with a stink eye. One of these times there's going to be a metal rod sticking uk that we don't see to take out one of our tires. |
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Franklinton, LA | In most states you can continue to legally use the driveway if it has been used in this manner without protest for at least 10 years. The laws in your state may be different.
If I were the homeowner I would claim you now have bigger, wider, heavier equipment and this constitutes a new form of use for the driveway. Therefore, the 10 year historical use rule does not apply. Also, he could claim your heavy equipment damaged his driveway and you should pay for the damage.
Like other posters mentioned, a big long culvert with a locked barrier may be the best way to solve this problem.
Edited by DRester 5/30/2016 21:53
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nw pa | long as you have a way in to the field I wouldn't give it a second thought . Put in a culvert and be done with it. One lost night of sleep or a trip to the lawyer would cost more.
As to right or wrong , you probably have leg to stand on but from the home owners view,i wouldn't want somebody using a black top drive way for heavy equipment either. unless you have paid for the black top of course. As for past usage,yes they can come after you,anybody can. Unless they can prove the damage was your fault,they also will have a tough time. best get out while you can. Just because you have the right to use it,doesn't give you the right to break it up with out damages.
Edited by sri 5/30/2016 21:44
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| like the home owner did not know that the tractors "farm equipment"
were coming in the driveway for 75 years
should have asked to help pay for a little extra tar, to make it a useful driveway |
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Morris, IL | Thanks everyone, i'm afraid cat is already out of the bag.
Edited by NEILFarmer 5/30/2016 22:07
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Texas | Would it be cheaper to fix their entrance for them with an agreement in writing that you can use it from now on? If not just build your own.
I do kind of see their gripe though I am sure all the heavy farm machinery does more wear and tear on than their cars do.
I have a legal easement on my neighbors land to my back field but I never use it. I built a gate from my middle field to it so I don't have to bother him or deal with things like this. |
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WY, OK | Sounds like a classic prescriptive easement to me: Actual and open use, use adverse to the owner, min. 5 years use, and does not exclude the owner. Still you won't want to deal with them and just need to put your own in. |
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SW Ont | I have dealt w similar issues. Good fences make for good neighbors. I stay on my side they stay on theirs, we all get along. Culvert and couple loads of stone is cheap. I would have already done it and moved on. |
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East Central Kansas | Highway, approval from DOT is required.
JAK |
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North Central Kansas | put your own in and be done.
why...
think 10 years from now if that person sells...a city slicker buys it to use as a vacation home, or hunting resort. Has no idea what went on in the past...and frankly don't care. Turns out to be a real snob! Then what you do...O wait....you already have your own entrance nevermind. let them be snoby! |
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Southeast Washington | Same thing "here" you would need county or state approval and pay permit fee. One neighbor had field entrance forever and went to build a house and county made them move driveway 80 feet to the absolute top of a small rise. A farm with new farmer widened an existing entrance about 15 feet for his bigger equipment was fined for not getting a permit so make sure you have approval. |
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Georgetown, Kentucky | nope- use was with permission so not adverse. |
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| As stated we have to have a permit to put in a drive, on county roads--contact county road commissioner or board of supervisors. permits were 15.00 and they came out and ok'd where you could put it, and told you the size of the culvert. after it was in they looked at it and made sure it was correct. |
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Farm legal entrance question
