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Home > Forum > River Valley Dirt Riders Forum > Jot Your Thought > Having Problems at Nebo Property

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Having Problems at Nebo Property Started October 20, 2008 @ 4:32pm by Dougsoffroadcycle
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Dougsoffroadcycle Administrator
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| Having Problems at Nebo Property | October 20, 2008 @ 4:32pm | | Zane Black just informed me that he went to the Nebo property to ride. The parking area we park at was fenced off. So he drove up the rode a little and parked. He was met by a individual on a ATV. He said he was part of the hunting club. He said if we want to ride at our property we have to drive all the way up to it. (which is not possable) He accused us of mowing the parking area again, so they fenced it off. They said they almost lost their lease because of it. Im not aware of anyone mowing the propery. They also said they would proscuit us if we parked on the road anymore. So now what are our options? Do we have right to a access. I dont consider the access we have right now a suitable access. We can not drive to the property. Zane also told me the man was not rude about it or shaking a iron fist. |
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Last Edit: October 20, 2008 @ 5:40pm by Dougsoffroadcycle | |
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| October 20, 2008 @ 6:43pm | Eventually this is gonna have to go to court to get an easement that works. We are gonna have to get good access so we can drive a truck all the way to our property. Hate to say it, but we probably need to lawyer up.
We need to recruit a lawyer who rides dirt bikes.
Let's figure out the property boundries, and make a road from the nearest access road of our own if that's what it takes. Or maybe we could trade that land to the timber company for another more suitable location? One that we would'nt be landlocked? Maybe, just maybe, we could swap for a place with enough parking for a race? Worth a shot? Dumb idea?
Maybe we can find a more rugged spot, so Tim can make some more Trials trails? After all, the current Nebo place is pretty easy to ride.
And yes, we do have a legal right to access. I'm sure on that. Checked with a real estate agent I know. A judge will just have to decide how we will be granted access. Again, they usually are pretty logical, although you never know with a judge. They will probably say we should have the access we had when we bought the property, which is an open gate or as many keys or combinations as we need for all of our members, with 24/7 access, and to use the existing road. Any work done to the road up to our boundry will probably NOT have to be done by us. If they want to restrict our movement, they will either have to desist, or provide another route of access at THEIR expense, and in a timely manner. That is what usually occurs in an easement battle.
A timber company has more legal rescources than us, but this is pretty cut and dried. We have legal right to access without any restriction. We could build a building up there, and say someone lives in it? A simple cabin, and say that Doug lives there. He can grow his hair wild and long again, and they'll beleive it.
Seriously, if we make any improvements such as buildings, shelters, or have meetings or events there it gives us legal standing with the easement. |
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Last Edit: October 20, 2008 @ 6:53pm by jgas | |
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| October 23, 2008 @ 1:42pm | | Chris Andrews called me today and asked that i post on here for him. He said that he thinks he knows the guy on the 4-wheeler and will talk to him next time he sees him about the fence situation around the parking area. He mentioned that it may take a while because they just happen to bump into each other when they are there but he was going to try to talk to him. |
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vchurch Administrator
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| October 27, 2008 @ 9:11pm | | Does anyone have any idea how to find out about hunt club? Do they have meetings, officers, organized at all? How about land owner of hunt lease? Looks like getting together with all of the above would be a good idea and get a list of rules to live by. Whats going to happen when one of us parks in the middle of the road to go ride or work all day? Not a good place to park anywhere else. |
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| Having Problems at Nebo Property | November 2, 2008 @ 12:13am | I never expected this. I would not worry about parking on the road, no one is going to be charged for doing that. If the hunt club almost lost their lease over a little mowing, mow some more. A fence is over kill. Hunters seem to always be selfish. We have in writing, the use of the existing road. Period. We also could make a straight road east and west on the south boundry of the paper company. We might not be any better off as there might be a steep place. we would have to pay for damage or loss of inventory. Court may say we have acess. I would not mind building up there except it is certain the red neck hunters would steal or do damage to it. Layne has always wanter to use a container up there. Layne has a meeting with our att. tuesday. State has some land higher up we might lease or use, then we could ride all the way up there |
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vchurch Administrator
Posts: 25 |
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| November 4, 2008 @ 9:38pm | | Keep us posted |
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| Nebo | November 5, 2008 @ 10:22am | | I say we build a very simple cheap cabin or even a storage building. If they damage it, so be it. We can insure it. We just rebuild. If we are going to have a long term commitment to Nebo we need to establish our land with a building, I think. You can buy those little storage buildings from Lowes for 5 grand. They make great little hunting cabins. I doubt that anyone would do more than break windows. If they did, we just nail up plywood over them and keep using it. If we already have written access, we just need to have a meeting with the Leasee and Leaseor and talk it out. If they refuse to meet, they have no right to tell us anything. |
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Last Edit: November 5, 2008 @ 10:40am by jgas | |
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