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Trespassing? http://mudmotortalk.com/mmt_v2/viewtopic.php?f=8&t=42719	Page 1 of 2

Author:	Machinist5381 [ Wed Jul 10, 2013 12:14 am ]
Post subject:	Trespassing?
One of the guys that I work with asked me and I didn't know the answer and thought that someone on here would!!! In south Louisiana he has a duck lease and the only way to get there is to pass on about 100 yards of private property. There is a guy that is always on the property that runs everyone off that even looks that way. Does he have to give him right of way to get to his duck pond?

Author:	Z71v2.0 [ Wed Jul 10, 2013 12:21 am ]
Post subject:	Re: Trespassing?
Trespass is trespass. Sent from my iPad 2000 using Tapatalk HD

Author:	Machinist5381 [ Wed Jul 10, 2013 12:25 am ]
Post subject:	Re: Trespassing?

Author:	Okie Ghost [ Wed Jul 10, 2013 12:48 am ]
Post subject:	Re: Trespassing?
My father and I just went through a headache like this (In OK) but after a hefty set of legal bills it was settled that we needed a "constructuon year all easement". Still costed over 2K. It would be wise just to locate the owner and approach him. Show him your legal right to be there (Bring a copy of the deed). Inform him on the truck/boat you drive and your intentions. Invite him on a hunt and get to know him. Oil the wheels, the absolute best thing to have on a piece of distant hunting property is a year round local who runs guys off your land!

Author:	tchauvin [ Wed Jul 10, 2013 4:26 am ]
Post subject:	Re: Trespassing?
In la, its my understanding that if the land is "land locked" then yes, somehow someone has to give you right away. If his land landlocks yours then i assume thats pretty much he has to give you a "right of way"... Hell the parish does it all the time here..... I did pose this question to Dguidry a long time ago, and never got an answer....Hope you can find out for sure.

Author:	Machinist5381 [ Wed Jul 10, 2013 4:33 am ]
Post subject:	Re: Trespassing?

Author:	tchauvin [ Wed Jul 10, 2013 5:33 am ]
Post subject:	Re: Trespassing?
Should be able to get a right of way somehow then...

Author:	mud slinger 69 [ Wed Jul 10, 2013 5:38 am ]
Post subject:	Re: Trespassing?
Take the guy a bottle and ask if theres anything you can help him with in the off season. Try to make him a friend.

Author:	tchauvin [ Wed Jul 10, 2013 5:39 am ]
Post subject:	Re: Trespassing?
That might be easier! Ha

Author:	naj [ Wed Jul 10, 2013 5:54 am ]
Post subject:	Re: Trespassing?
If you have a right away it would be on the land deed that you have to cross giving you right of way. I am not sure if it would be on yours. This can be found at your parish Clerk or Courts Office on the deeds. Its public record.

Author:	da go get'er [ Wed Jul 10, 2013 5:54 am ]
Post subject:	Re: Trespassing?
Shoulda made sure he had an easement prior to leasing the property.

Author:	da go get'er [ Wed Jul 10, 2013 6:03 am ]
Post subject:	Re: Trespassing?

Author:	petrel [ Wed Jul 10, 2013 6:36 am ]
Post subject:	Re: Trespassing?
There is nothing on the books here (VA) that says an adjoining landowner must give you access to a landlocked parcel. However, banks will not finance and many counties will not issue deeds for isolated parcels. Check back with the landowner to see if he has a right of way or easement with one of his neighbors. Otherwise trespassing is trespassing, unless you can work something out with an adjoining landowner.

Author:	da go get'er [ Wed Jul 10, 2013 6:38 am ]
Post subject:	Re: Trespassing?
helicopter

Author:	Quackhead62 [ Wed Jul 10, 2013 7:43 am ]
Post subject:	Re: Trespassing?
try to make friends with the guy. Don't rut up his land geting where you have to go, drop him off a few ducks from time to time or take him on a few hunts. I think you should be able to get a right of way espically if the property is land locked. It just might take a little leg work on your part of how to get one put in place

Author:	dguidry [ Wed Jul 10, 2013 7:55 am ]
Post subject:	Re: Trespassing?
Louisiana law protects a landowner from his own stupidity. The premise is that it is preferable to keep property in commerce and any condition, including lack of ingress and egress, that inhibits that is curable. So one can petition the court for a right of passage but you'll have to pay market rate for it. Much better, though, to give bottle of whiskey and a handshake when you're talking about a duck lease.

Author:	BayouStateHunter [ Wed Jul 10, 2013 8:01 am ]
Post subject:	Re: Trespassing?
The way it was explained to me is that if there is a waterway access then the landowner can pass through your land to get to his. If the land was broken up and the land washed away then the land owner cannot access you land to get to his. We have a small slough that was made by broken up land that others are accessing to get to a small pond through our property. I don't believe that the guys hunting are on that lease. Can we lawfully put a gate up to prevent their access, Guidry?

Author:	dguidry [ Wed Jul 10, 2013 8:12 am ]
Post subject:	Re: Trespassing?

Author:	krogers [ Wed Jul 10, 2013 8:22 am ]
Post subject:	Re: Trespassing?
i bet he got a sweet deal on that lease too

Author:	lunacris [ Wed Jul 10, 2013 8:42 am ]
Post subject:	Re: Trespassing?
If its a man made entrance then the land owner has the right to block off. If its a natural waterway then it maybe used. I've gone through this before and that is what I got out of it. In LA if there used to be land where there is now water, land owner still owns where the land once was. Who does your friend lease from?

Author:	Wellsbla [ Wed Jul 10, 2013 10:32 am ]
Post subject:	Re: Trespassing?
You can always get a Game Warden suite and just go right on to the property you want only kidding.

Author:	BayouStateHunter [ Wed Jul 10, 2013 10:57 am ]
Post subject:	Re: Trespassing?

Author:	lunacris [ Wed Jul 10, 2013 11:59 am ]
Post subject:	Re: Trespassing?
I gate ma shit .... F*uck a poacher

Author:	bbb [ Wed Jul 10, 2013 12:19 pm ]
Post subject:	Re: Trespassing?
My dad has a piece of property in Florida like this. The owner must allow an easement, but it can come at a price. If the owner does not give you one, you can take it to court. The Judge will decide the value of the easement based on how much land crossing is involved. Once the Judge puts a price on it, its a done deal. Best bet is to approach the land owner and make friends.

Author:	cmiller73 [ Wed Jul 10, 2013 12:22 pm ]
Post subject:	Re: Trespassing?

Author:	CJB [ Wed Jul 10, 2013 12:28 pm ]
Post subject:	Re: Trespassing?

Author:	tchauvin [ Wed Jul 10, 2013 1:20 pm ]
Post subject:	Re: Trespassing?

Author:	cmiller73 [ Wed Jul 10, 2013 1:24 pm ]
Post subject:	Re: Trespassing?
I say to hell with it. The man wants to fish commercially on his own property, but the GWs don't want to let him out. Is it true they are telling him to build himself a road on his land to get to his shrimp net and crab traps?

Author:	tchauvin [ Wed Jul 10, 2013 1:26 pm ]
Post subject:	Re: Trespassing?

Author:	cmiller73 [ Wed Jul 10, 2013 1:37 pm ]
Post subject:	Re: Trespassing?
Got a guy here I work with that knows all about what is going on there and brags how if the fence is built, he'll get a key and will be the only person hunting that area. It's OK, I got someone helping me out.

Author:	dog walker [ Wed Jul 10, 2013 2:19 pm ]
Post subject:	Re: Trespassing?
Before Katrina our land was gated. It didn't matter if it was a man made waterway or natural. If it wasn't on the state survey map from 1812(I believe) then it isn't/wasn't considered a navigational waterway and considered private property and could be gated off. Had a lot of people pissed but it was ours and all the land owners inside the gate never had trespassing issues.

Author:	tchauvin [ Wed Jul 10, 2013 2:20 pm ]
Post subject:	Re: Trespassing?

Author:	eljefe [ Wed Jul 10, 2013 2:45 pm ]
Post subject:	Re: Trespassing?
Locals here on the bayou put cinder blocks in the oxbows to keep people from hunting near their ponds...gw said there was nothing they could do unless they caught them dumping and then they could fine them and make them pay for removal. They didnt seem like they cared it was happening though. sent from the former Republic of Texas.

Author:	forever draggin [ Wed Jul 10, 2013 2:49 pm ]
Post subject:	Re: Trespassing?
I ran into this a few times. I leased 1200 acres from la land about 7 yrs ago. Had a bayou on the n. side of my lease that went straight down the middle of my lease south towards my neighbors lease. The trappers canal literally split my lease in half, but stopped 400 yards shy of my southern property line. I had an eastern and western side. The bayou was nice tho cuz the kids would fish off the house boat and paddle pirogues and we put a house boat there. There was no boat traffic there because the bayou literally started 20' off the northern boundary on my side the property. Well the entire eastern side of my lease I couldn't access without going through my neighbors lease so I stopped and talked to him. I introduced myself, we got n my boat and I went show him my dilemma. He had no problem with me crossing his lease. The beginning of the 2nd year there I was approached by the new leasee of that bordering lease. He was a trapper, that had leased the land and they were planning to live on his house boat trapping during the season and wanted to put the house boat n the end of my bayou. I had no problem as long as I could cross his lease to access mine. It was a great partnership. We would go to the house boat every fri, to hunt the weekend and there would b a few cleaned rabbits n a bag on our swing for supper. He took care of our fri supper all during duck season. All we had to do was cook whatever he had left. The lease doubled the following year and I lost it My point is simply its as easy as u make it. If u want to b a dick, it will come back One one of my current leases but 3 yrs ago, I couldn't access 230 something acres without running across the corner of my neighbor. I tried to cut a ditch with a 502 but the land there was so hard I had to quit. I talked to the neighbor and he stated he wanted no one on his property. Before I figured another way I caught his son on my lease hunting and another time I caught his brother running straight through to get to his lease. When I stopped his brother he didn't know much as to what was going on and said he only goes out bout 2 times a year and off he went. I didn't run into them on my land after that but when it came time to renew I called frank and told him that I felt I shouldn't have to pay for 1700 acres if I couldn't access over 200 acres. He asked y and we talked bout it and I told him that I talked to the neighbor and he wouldn't give me permission, yet I caught his son hunting my lease and his brother running across and frank listened to what I had to say and after I was finished he said that they would cut the tranouse I needed but I would b accountable for paying the the full 1700 acres. And they did. They cut me a ditch approximately 200' and I'm thankful they did because I shoot birds all the time there. Anyways that neighbor lost his lease because he had problems with his other neighbor, and I guess laland had enough. I would offer the guy a bottle of good whiskey. Not just a 20.00 bottle of crown. And bring him ride, show him ur dilemma and see if there is anything u can do for him. Because frank told me point blank, if they don't want u on their lease..there ain't anything that u can do n a timely manner that would b worth it

Author:	Machinist5381 [ Wed Jul 10, 2013 7:32 pm ]
Post subject:	Re: Trespassing?
Thanks for all the input!!

Author:	MNGunner [ Wed Jul 10, 2013 9:08 pm ]
Post subject:	Re: Trespassing?
In Minnesota, basically if it can float a canoe, it's public water. No one owns the water.

Author:	Machinist5381 [ Wed Jul 10, 2013 9:10 pm ]
Post subject:	Re: Trespassing?

Author:	MNGunner [ Thu Jul 11, 2013 5:10 am ]
Post subject:	Re: Trespassing?
Yeah, it sounds complicated down there. Although not everyone knows that in MN. I've had guys tell me to get away from their dock when I'm flipping for bass. We also have a law that says it's illegal to harass someone when they're hunting or fishing--so if I were to call it in, they could be cited (which has happened before).

Author:	cmiller73 [ Thu Jul 11, 2013 9:49 am ]
Post subject:	Re: Trespassing?

Author:	CJB [ Thu Jul 11, 2013 10:29 am ]
Post subject:	Re: Trespassing?

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