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Had an incident this morning at my hunting spot and wanted to ask for opinions. As a little background I will say that I have written permission to hunt 80 acres of private that is owned by a friend and have been hunting it for 5 years. The property has a state highway running across the center of it from east to west. The south half of the property has a logging road and a steep banked creek which run north-south through the center of it and a power line right of way that runs east - west through it about 2/3 of the way to the back side. The problem is there is a 40 acre parcel of land which borders the south side to which there is no road for access. Nobody hunted this property until last year. The only access to is the logging road which runs through my property. With the limited hunting area on my section of the property, I have several stands which are only about 100 yards to the east of the logging roads from which we have killed several deer. From our experience, when we drive into this property while hunting these stands, we do not see any deer but if I drive into it we may see some. The person that leased the 40 to the south did not ask permission and just started using this logging road to access his property even when we are hunting. I asked him last year not to drive across the property when he was going to his stand and explained why. I only asked that he walk into his stand which would only be a walk of little over a quarter of a mile. I have walked to this property numerous time. I also told him of a couple of alternate ways he may be able to get access though they are also across property which he does not have permission to use. I even said that I dd not and still do not care if he uses his four wheeler to go get a deer if he kills one. He seemed to be agreeable when I talked to him, but then continued to drive in. Today, I went up there to do some squirrel hunting and work on my deer stands and you guessed it there he was again. I confronted him when he came out and again stated my case. This time he gets mad and says that him driving his four wheeler will not affect my hunting any more than the highway traffic will. I differed with him and the conversation got a little heated. He indicated that he was not even sure where his hunting land boundaries are. I offered to show him but he didn't take me up on it. I finally told him that the next time he came up here there would be a gate across the road. Just wanted to see if anyone thinks I am being unreasonable? The answers won't affect what I do, but am just curious on different opinions.
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comment
Most likely he does not need permission to access a piece of property that he leases. It has probably already been established that the person leasing the land has a servitude to use the road and that would carry over to the man that has the lease. From my experience a gate will not stop him, he has a legal right to get to his property in a reasonable manner. He also has the right to put a chain on that fence and rip it down if his ability to access his land is encumbered. It is sad he has to be a prick, but sometimes people just hate being told what to do.
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no access granted
This road is only a logging road and not legal access agreement between the owners exists. If the logging road was not there, he would have no access.
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comment
well if it is shown that he gave up his servitude of passage then it is trespassing on his part. However most likely he has a right to enter onto his property and driving on the most reasonable route is his only option and not illegal
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Make him pay a Toll
put a gate up. If he does not understand your point of view then who cares what he thinks. You are being gracious letting him cross your property.
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Call the Sheriff
If you are the landholder I would take it you know if a right of passage servitude is there. The servitude is for a specific piece or area on that property. I would almost guess the logging road is not a passage servitude. Check the other individuals lease papers or call the other landowner. If no servitude is listed or the court house has no record of a servitude then there is none. Call the Sheriff departments.
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servitude
I can tell you from past experience on this matter, that if there is not a legal servitude surveyed and registered at the court house then there is not legal survitiude for the property. You do not have to give a person access across your property if there is another means for them to get their property.
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Landowners battle
First, I would take it up with the owner of the property he is hunting? Fact is, neither of you have standing to take any action other than talk. It is up to the owners of the property.
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Right of way
I went through this same thing with my land. I was told that I was able to access my property on foot from the closest public road if no access was granted by surrounding land owners. I could by no means use the road that went to the edge of my property without getting a written agreement or buying a right of way.

If the land adjoining yours doesn't have some sort of written agreement to pass on your logging road, then you have all the right to put a gate.

Warren
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law suit
Hey marshrat

Did you have to file a lawsuit against the surounding land owner for you to get walking access to your place?

Im curious because im about to go this same ordeal.
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