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Joined: 06/01/2012
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Trespassers Hunting

We have 105 acres in Colorado.  There is an easement road that provides access to landlocked parcel. The lady who owns it (who never goes out but maybe once a year) gave permission to one guy.  He has been inviting his own guests and playing outfitter on our land and hers.  Sometimes as many as 6 persons. (Note: she only has 80 acres.)  Not only does he ruin our hunt by coming thru with his party, but we have caught him at least twice trespassing and hunting our place.  We have talked to him, but he is insistant of his priviledge to hunt there and that woman's name is like a password.  He is very manipulative and once stated "Now my understanding is that you don't want me to hunt your land while you are there?".  NO, dumbaxx, you have never had permission to hunt my land.  Then he replies, "Well,....maybe you could call me before you go to your place".  NO,.....we don't need to get permission from YOU to go to our property!!!  Does anybody know the rules of an easement with hunters? Can they invite their own guests who property owner doesn't even know?  How far does the invitation extend?  Then there is the problem of retrieving the wounded or dead game on our property.

 

Location: Nebraska
Joined: 01/13/2011
Posts: 132
Have you talked to a game

Have you talked to a game warden yet, the one I met out there are pretty good guys, also you might want to talk this over with the land owner (old lady) if you haven't yet, she might not know how many guys he is bringing out there. Hope it all works out for you. 

Topgun 30-06's picture
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Location: Allegan, MI
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First, talk to the lady and

First, talk to the lady and be extra nice and tell her what is happening, but definitely tell her he is ruining both the properties with his tactics!  If she wants to have you as a good neighbor, then she should be a good one and not cause you problems like is happening with the guy.  If she doesn't get out there to any extent, it's up to you to let her know what's going on.  I would politely suggest to her that she give him written permission to use the easement and ask that it only be issued to him allowing him and possibly one other person accompanying him because of the small size of the parcels.  I would also tell the guy in no uncertain terms that if he or any of his party sets foot on your property at ANY time that they will be prosecuted and let the area Warden know what's going on ahead of time in case the guy keeps acting like he owns both places.  If you have any buildings on your property, you do need to be careful how things are handled though because a person like that may just burn a place down to retaliate for losing his hunting area if it comes to that.  I know I would not let things continue like you are describing or you might as well just sign your property over to the guy and find another place!  If what I mentioned doesn't work, I know what I would do next and it wouldn't be nice, but I would not let the guy ruin my property or rights to it.

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I don't know what happened to

I don't know what happened to my other post,....but here goes again....  I would love to know what your alternative solution would be. 

We have begged and pleaded with that lady but she won't do anything.This easement was granted to her for ingress and egress for accessing her land. The easement is shared by another family as well and we feel that it is overburdening of the easement and misuse. The plan right now is to hide in the woods on opening day of first season and catch them, get photos if possible and have them arrested for trespassing. After that, then possibly file an injunction against him/them. Not sure how much the game warden knows about easements, but maybe I will give him a call.

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Location: Allegan, MI
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First, I'll try to

First, I'll try to answer your posting problem.  You probably hit the preview button after you typed your response, but unlike other sites where you only click one time to make a post, on this site you then have to wait a few seconds and then click on the save box when it comes up a second time before your post will go up on the Forum.  My bet is that you didn't do that second click to get the post up on the thread.

As far as your problem, I would visit the register of deeds for the county the land is in and see what the specific wording is on the easement that she and the other family have.  It may allow only them to use it and if that is the case you have found the key to disallow the guy access because if it's written that way then she has no right to allow him to use the easement to access her property.  Who actually gave her and the other family the easement that the two of them have and is it verbal or was it done legally through the court system?  It's up to you to find out the answer and then see what course of action you have, if any.  Also, I assume that easement does not touch your property because if it did you could put a stop to it legally yourself.

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Well, we are checking into

Well, we are checking into the wording of the easement and the description.  The easement does cross thru the middle of our property.  For "Ingress and Egress" is what we understand. The person who sold us our land granted her the easement.  It used to be one huge ranch. It is supposed to be recorded, so we will check on that to be certain.  If the easement has any discrepancy, or hasn't been recorded properly, we may just re-route the easment to a more inconvenient route which would require some expensive work as it would go thru the thick woods at the edge of the property. She might be willing to cooperate more if that happens as it will cost her a lot of $$$. In the mean time,...we will just have to catch this jerk who thinks it is his right.

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Location: Allegan, MI
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An easement is normally only

An easement is normally only for ingress/egress, as I have a registered easement strictly for  that through a 66' width right on the southern edge of a 10 acre parcel to get into my property up in northern MI, but here is where I am a little stumped.  if you bought your land from the person that you say granted her the easement through your property, it should be a part of your paperwork if the sale to you was done properly.  Any time a property is sold and it involves/includes any type of easement, that easement paperwork should be included as a part of the sales documents.  It sounds like it wasn't if you are saying you don't know anything other than she says she has an easement!  If it isn't recorded at the register of deeds, I suspect  you may have the right to start from scratch and allow or not allow whoever you choose to use your property because technically there would be no legal easement at the present time.  If there is nothing in writing, the only other technical way I know of that they could continue using it would be if they have used it for a long period of time and want to argue it in court.  Normally states require that the property would have to have been used for a lengthy period of time (in MI it's 7 years) with no attempt by the property owner to alleviate a situation that they don't want occurring (examples would be using your property for access to theirs, putting up a fence as a property boundary and just guessing at the property line, etc.).  A simple way to start your process would be to recheck your paperwork to see if it's included  and also ask the lady to see her paperwork.  If she says she doesn't have any, then it should be easy to write up one and have it under your terms if she wants to get through your place from now on.  You could use some leverage and tell her that she is the only one who can use it under the new paperwork and if she gives you any problems you can tell her that she will have to pay to have a new easement through your property where you mentioned it would be costly.  I would be as firm with her as necessary and tell her there will be no further people going through your place other than herself if you find that there is no written easement.  You should also talk to that other family you mentioned and get things straight with them before something similar happens with them, especially if they were to sell their place to a bunch of people that hunt and buy it for that purpose.  That could really open up a can of worms!  Please let me know what happens, as I'm very interested in your particular situation.

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The easement does show on a

The easement does show on a plat with our documents and deed. However, we can follow the bearings that the surveyor described for the family that shares the easement, but don't seem to find bearings for her easement on our papers.  (Hers branches off from the main easement.) We have called the seller and he is checking also.  Could be that her part wasn't recorded.  Or,...maybe it is in her paperwork.  We called her again yesterday and she did agree to only allow ONE gun on the property.  (There is a guest of the invitee that bow hunts too.)  And this will be hard to enforce since we live in WY.  Anyway, ....it is getting interesting...  One of our neighbors there likes to let his daughter hunt our place some years, so he is on our side and will help us catch these guys if they step inside our boundries again.

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Sounds like you are making

Sounds like you are making some headway with the lady if she's now agreeing to limit it to one person besides herself.  It looks like your problem will be with the guy she is letting use the easement because he's probably going to be very unhappy when he can't take anybody in there with him.  Stick to your guns and sock it to him if he tries to sneak anybody in there or any of them are caught trespassing on your place.  It's too bad stuff like this happens, but there are a lot of people that are real aholes and it sounds like you are dealing with one from what you mentioned about the guy!   Good luck!

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