Law question?

[scottyboy]

Hey guys I have a problem and thought someone here might have an idea for me.

Unfortunately I am so broken hearted to hate even to talk about this, my stomach just churns as I write this. 

I have saved my money for hunting land for years {I am Disabled and I minister as a volunteer} All i've ever wanted was To be able to just put up a treestand and bowhunt on my own spot.

Well my dreams came true a month ago and I was offered 2.5 acre that was right on the lake, down a little overgrown trail that I could get to with bad legs, and it sits the very edge of a 5000 acre family farm.

It joins the Corps of engineers on one side and is a beautiful spot to hunt. So I bought it, and as you know from a previous post I bought a new crossbow and  life was going so good. 

BUT today I got a letter from the land owner that owns the 5ooo acres around my 2.5 acre, and "he was really rude" he said I see where you just bought this and "I have some BAD news for you"

 I happen to own the little spot {16ac that goes into the road a little piece} before your land and I "will NOT" let you access your land.  "He then goes on to say that he don't want to purchase mine ether, But that he would accept it as a GIFT on his 501c3, So that I could have a tax write off for the appraisal amount".

He says in his letter "I know this is unfortunate for you"  So therefore it would be much better for you to consent and donate this for your tax write off" { How Nice } Come to find out this whole family hates deer hunters and chases everyone around on the dirt roads and even tries to run hunters off of Corps land.  I can't afford a lawyer and i'm just sick. The local law enforcement says they really have had problems with this family "enforcing laws" against hunters.  All I wanted was a quiet place to bow hunt and not bother anyone. He goes on and states in his letter that trying to fight this would be impossible.  I really feel deflated, I am praying for this man right now, for his terrible greed. I don't know what else to do, How should I respond?  I just feel like my dreams are destroyed. Any ideas would be appreciated guys. Thanks 

[Gundog]

Might be a scam but even if it is real the owner of the other land cannot block or stop you from accessing your land. I had somewhat of a similar problem with an apartment I lived in. The owner of the property next to it was a auto repair garage and I had to access his property to get to my apartment in the back of the building. He called the cops to report me as a trespasser and the cop read him the actual law as it pertained to access. Research it online and you will come up with the same law. Many organizations will help people with free legal advice such as local senior citizen organizations, even state representatives offices can help. Contact local newspapers and tv stations to inform them of this and see if they will do a story on it. Just don't give in. Bullies like this have learned over years how to intimidate people and have probably gotten away with it before. Stop them in their tracks and they will learn that not every one will roll over for them. 

[QUAKEnSHAKE]

https://www.hepworthlegal.com/2015/02/land-landlocked-can-get-access/

[scottyboy]

Thanks Gundog, It is the real owner for sure and he has done this many times before and that is one reason he has 5ooo ac.  I know that there is a law that says we can't be land locked in Ar, but it cost money to fight it and get an easement. { prob more than land is worth} He says he wont even let me walk in.  

[scottyboy]

Thank you quakenshake, He says he is turning it into a wildlife sanctuary. { Be good hunting for me if I can get in there} lol   It's funny how things work out. I got my new crossbow in today, Right along with this letter that says I can't get to my land.   It's almost comical if I weren't so aggravated.   

[Gundog]

30 minutes ago, scottyboy said:

Thanks Gundog, It is the real owner for sure and he has done this many times before and that is one reason he has 5ooo ac.  I know that there is a law that says we can't be land locked in Ar, but it cost money to fight it and get an easement. { prob more than land is worth} He says he wont even let me walk in.  

 You may not need a lot money to fight it. I sued my former landlord in magisterial court for not returning my security deposit. According to the laws in my state I was entitled to any money it took to sue him plus double my security deposit back because he didn't give me my deposit back within 60 days. It cost me $175 to send registered letters, have a process server serve him with papers and file for a suit, which when I won the landlord had to pay me back.  All of the information I needed was found on the internet. 

[Bass Turd]

You say it is on a lake. Is it possible to access your land from the water?

[scottyboy]

4 minutes ago, Bass Turd said:

You say it is on a lake. Is it possible to access your land from the water?

Yes Sir I can, that's what I will have to do until I figure out how to go about this.  I just sent him a very nice email and ask him, since I'm disabled, if I may just walk along the very edge of his land. I am "feeling him out" here and seeing what he says. It still means I will have to drag my deer over half a mile to get to my truck.  I will use my boat for now, but that is going to be a little rough when its very cold.     

[Bass Turd]

At least it's not hopeless. You'll have to think through loading a deer on your boat at the water. Maybe an overhanging tree and a winch set up? Be prepared for him to try to block the deer from getting to your property. Keep exploring the legal route and please don't let it escalate into something where somebody gets hurt. Nothing is worth that. 

[scottyboy]

Thank you and no Sir,  I am a minister of the gospel and I will always turn the other cheek,  I am just praying for him

{ Although I would like to lay hands on him in prayer} lol; Ok that wasn't nice,  but seriously I don't want trouble, I just want to eat their pets.  

[12poundbass]

As a fellow hunter I understand the desire to have your own land. I struggle to find good land myself. 

 

I'm a total optimist but honestly I don't see this ending well for you. If you fight you'll most likely win. Here's the unfortunate problem I see happening. He's obviously made it clear he's going to be a major thorn in your side. You use a cross bow, say you shoot that deer, can you guarantee you'll drop it where it stands? If not chances are that deer will run on his property. He's going to make it tough to get that deer back. If you go over and get it you're trespassing. It's really unfortunate he has to be like this. 

[scottyboy]

Yes Sir I am thinking the same problem. I am going to contact Game and fish and tell them my dilemma because if I shoot a deer then I have to be able to retrieve it. I wish I had now waited on buying but this was a dream opportunity to own a small affordable little hunting spot that isn't overrun with "crazies" like I have endured on public lands in the past.   

[scottyboy]

UPDATE.   Well I received his response and as I figured, he states that he will not let me cross his land and he said thanks for the update so he can patrol his property lines more often for trespassers. He told me if I was to shoot a deer and it crossed his line that it would be a waste that I was not going to retrieve it..  He is pretty mad that I bought it.  SIGH! At this point, I want to email him and say I'm donating it to FEMA for a homeless camp...  

14 hours ago, 12poundbass said:

As a fellow hunter I understand the desire to have your own land. I struggle to find good land myself. 

 

I'm a total optimist but honestly I don't see this ending well for you. If you fight you'll most likely win. Here's the unfortunate problem I see happening. He's obviously made it clear he's going to be a major thorn in your side. You use a cross bow, say you shoot that deer, can you guarantee you'll drop it where it stands? If not chances are that deer will run on his property. He's going to make it tough to get that deer back. If you go over and get it you're trespassing. It's really unfortunate he has to be like this. 

You were right on Bassholic!  

[clayton86]

If he harassed you while your hunting you can have him charged with hunter harassment. Sounds like a real piece of work. Each state varies but if you shoot a deer and it goes on his property he doesn’t have to let you get it sole states though say they have to let you though might want to check into it.

[scottyboy]

According to our state {Im told}  That they have to let you retrieve your deer or otherwise its wanton waste. I won't even hunt there if that's the case and I can't go retrieve my deer. 

This whole thing is crazy because he owns 5ooo acre of beautiful farm land and timber and I just need to walk along the very edge of 16 "very secluded" rough acres to get on mine. { Small trail of old road that went into my land for 21 years}

People around here are telling me that this is how he and his whole family gotten so much land, because they scare them into donating or selling it to them for next to nothing.   I intend to fight this tooth and nail or atleast make him buy it at my price. I hate to sell it but I don't think I will ever find peace there with him aggravating me all the time. 

I am about to preach this morning and all I can think about is, Baptizing him!. LOL   "I know, I know, that isn't right and i'm not serious 

[12poundbass]

8 minutes ago, scottyboy said:

 I intend to fight this tooth and nail or atleast make him buy it at my price. I hate to sell it but I don't think I will ever find peace there with him aggravating me all the time. 

Unfortunately he has the upper hand in my eyes. He has you land locked, he won't let you on to get a deer, or to access your property. He'll have no reason to buy your land at any price which is why he's suggested donating it which unfortunately I'm guessing will be the only way you'll be able to unload it. He's not going to cough up $1 for 2 acres that he has blocked by his 5000. It's truly an unfortunate situation. 

[scottyboy]

I should have smarter when buying this and looked into the easement of the road, But I got excited and thought wow It's my dream place for a treestand so I jumped on it.  I am seeking a disability representative to help me look into this because the road has existed there 21 years and the former owners never had a problem they say? However they didn't hunt.  He hates hunter's thats for sure. Hopefully I can be left alone while hunting there after taking the boat and going in, but I am doubting it now. I've been told he will do things to mess you up, Like cut brush and ride the four wheeler around the boundary to scare everything away.  I sure wish I would have known this before I spent my money.      

[12poundbass]

Take a video camera every time you go. If he does any of that he could be charged with hunter harassment like @clayton86 mentioned earlier. If this happens maybe you could work out a deal, he buys your land you drop the charges? I would let him know every time you go and record every second. Let it happen a few times so you can show it wasn't an isolated incident. 

[J._Bricker]

30 minutes ago, scottyboy said:

According to our state {Im told}  That they have to let you retrieve your deer or otherwise its wanton waste. I won't even hunt there if that's the case and I can't go retrieve my deer. 

This whole thing is crazy because he owns 5ooo acre of beautiful farm land and timber and I just need to walk along the very edge of 16 "very secluded" rough acres to get on mine. { Small trail of old road that went into my land for 21 years}

People around here are telling me that this is how he and his whole family gotten so much land, because they scare them into donating or selling it to them for next to nothing.   I intend to fight this tooth and nail or atleast make him buy it at my price. I hate to sell it but I don't think I will ever find peace there with him aggravating me all the time. 

I am about to preach this morning and all I can think about is, Baptizing him!. LOL   "I know, I know, that isn't right and i'm not serious 

Scotty, your situation has kinda piqued my interest. You mention above the “small trail of old road that went into my land for 21 years” which kinda sounds like an easement in my opinion. I also would have to ask when was the last time a land survey was done by the county as this might be of help. 

 

I ran into a situation similar to yours some time ago where a NEW property owner blocked an easement to adjoining properties of a long time resident. The county hadn’t conducted a survey in over 75 years for various reasons. Long story short, after the survey was done the person blocking access found out his garage and about a 10 foot width along the easement of what he thought was his property really belonged to his neighbor. 

 

I wish you well with this as it may take a little time to work out. Hopefully you’ll be able access your property and at least fish, if not hunt as you intended. 

 

[QUAKEnSHAKE]

1 hour ago, scottyboy said:

According to our state {Im told}  That they have to let you retrieve your deer or otherwise its wanton waste. I won't even hunt there if that's the case and I can't go retrieve my deer. 

This whole thing is crazy because he owns 5ooo acre of beautiful farm land and timber and I just need to walk along the very edge of 16 "very secluded" rough acres to get on mine. { Small trail of old road that went into my land for 21 years}

People around here are telling me that this is how he and his whole family gotten so much land, because they scare them into donating or selling it to them for next to nothing.   I intend to fight this tooth and nail or atleast make him buy it at my price. I hate to sell it but I don't think I will ever find peace there with him aggravating me all the time. 

I am about to preach this morning and all I can think about is, Baptizing him!. LOL   "I know, I know, that isn't right and i'm not serious 

That might be your way in with a judge could be the easement to property

[ohboyitsrobby]

What county in Arkansas do you live? In the natural state you can not keep someone from their property. The problem you will probably encounter is the guy literally doing his best to make your hunting miserable. The local judge should be able to get you an easement. And as long as you ask he can't keep you from retrieving your deer. 

[scottyboy]

I live in Marion Co and yes this old trail is in fact an old road, I am going tomorrow to the courthouse for records. He stated in his email that he would "patrol his border" so that means on 2.5 ac that he will mess up my hunting. I am going to buy a camera for my Piscifun reel review anyway, because at the end of the season, I wanted to show a YouTube video of the highlights. So the camera thing is a great idea and I will most definitely do that. Thank You guys. I preached this morning on how letting "unforgiveness" into your heart can become an obstacle. So I refuse to let him steal my peace.   

[scottyboy]

My land has beautiful old white and red oak timber on it,  and It lays perfect too. It is a dream treestand site so it is a utter shame that they went in there and painted every tree around the whole 2.5 ac with purple paint. LOL 

I honestly don't know what to do at this point. "Anyone got a helicopter I can borrow"?    I guess instead of bowhunting there I will have to get out the ole Taurus Raging Bull 10in barrel 460.  Bet those deer wont run far then.

[Glenn]

Classic bully.  He threatens he's going to do this, and he's going to do that, in the hopes that you'll believe him because he never will.

 

Attorneys will work with you, so that when you win (and you will), the bully will have to pay all fees, including your attorney. You'll win access plus a potential restitution, and it won't cost you anything.

 

In the mean time, report him to the local sheriff, and also file a restraining order against him. A knock on his door by a pair of armed deputies will show him he's screwed.

 

You're in the driver's seat here, and he knows it.  He's scared, and hoping you'll believe his bluffs because that's all he has.

 

Time to go for the kill shot.

[scottyboy]

2 minutes ago, Glenn said:

Classic bully.  He threatens he's going to do this, and he's going to do that, in the hopes that you'll believe him because he never will.

 

Attorneys will work with you, so that when you win (and you will), the bully will have to pay all fees, including your attorney. You'll win access plus a potential restitution, and it won't cost you anything.

 

In the mean time, report him to the local sheriff, and also file a restraining order against him. A knock on his door by a pair of armed deputies will show him he's screwed.

 

You're in the driver's seat here, and he knows it.  He's scared, and hoping you'll believe his bluffs because that's all he has.

 

Time to go for the kill shot.

Wow! That would be awesome. I just talked to someone that told me the law has had "lots" of problems with them in the past 50 years, because even if you drive down that dirt road "to slowly" they will turn you in as a poacher and the law enforcement {Game and Fish} gets extremely mad because they harass everyone to death, calling the sheriff's office 10 times a day on innocent people. 

{This may help me.}

It seems everyone else around just stopped paying their land taxes and let their land default and go to the County, and so then these people buy it at the Courthouse steps, very cheap, also people have gave in and donated their land to them because they think that they have no other choice. 

I am only a very small duck in a very large pond here. But I plan to make some waves because I don't care much for greed.