Easement by Prescription

[DavidC1]

What is the name of your state (only U.S. law)? Alabama

First my father now I have let a hunting club drive across our land since
1972. I had some problems this past December with them so I locked my gate. 3 weeks later I was served a court papers that stated I was being sued for over $20,000 and for a easement by prescription. Also the judge issued a restraining order against me to unlock my gate so the hunting club could continue to drive across my land.
My lawyer filed to dismiss and disolve this case because a leasee of land had no right to sue for a easement in the state of Alabama only landowners. It has now been 7 weeks since this hearing and the judge has yet to rule. I've been told the judge could delay his decision for years. The judge and the plantiffs lawyer are BIG BUDDIES.
I have 2 questions. How do I get the judge to make a decision? Do I sue the landowner that is leaseing the land or the leasee?What is the name of your state (only U.S. law)?

 

[justalayman]

Do I sue the landowner that is leaseing the land or the leasee?

you state you own the land and are being sued yet you ask about possibly suing the landowner or their lessee for something.

What are you considering suing for and if you are the landowner, how do you suggest you sue yourself?

My lawyer filed to dismiss and disolve this case because a leasee of land had no right to sue for a easement in the state of Alabama only landowners.

who is the lessee and who is the lessor in this statement

First my father now I have let a hunting club drive across our land since

was this by specific permission or acquiescence?

 

[DavidC1]

The hunting club doesn't have my land leased for hunting. He leases land that joins me on the back side of my property. He is sueing me to for a easemnet by prescription to drive across my land to the property he has leased for hunting. He stated in a court hearing that the owner of the land he has the hunting lease own will not give him permission to access the property from the main road to this property.

 

[justalayman]

the fact they were lessees of the neighboring land is irrelevant.

you didn't answer my question:

was the use by specific permission or acquiescence?


since it appears you did not object to the use, this case will defeat a PE claim:

Cotton v. May, 293 Ala. 212, 301 So. 2d 168 (1974 - Google Scholar

 

[DavidC1]

The leasee of the joining land had verbal permission from me to cross my land.

 

[justalayman]

then there can be no adverse possession or prescriptive easement. He had a license to use the land. Unless stated otherwise, a license is revocable at will of the licensor.

Dang, the case alone I cited was about an implied license. There was never any formal permission granted and the courts ruled against the licensee.

I would suggest a different lawyer.

 

[DavidC1]

I agree with you and so does my lawyer. Thats why we filed to dismiss and disolve this case because a leasee of land has no rights to gain a easement. It has been 2 months now since my hearing but the judge has yet to rule. The judge and the plantiffs lawyer are BIG BUDDIES. I was told he could keep this in court for years. It only took 3 weeks after I locked my gate to get a restraining order against me to unlock my gate. The hunting club continues to drive across my land.
What can a lawyer do to make a judge make a ruling?????????????

 

[justalayman]

.

Thats why we filed to dismiss and disolve this case because a leasee of land has no rights to gain a easement.

where are you getting this? I've got to say I have never heard of such a restriction. I found no mention of it in any of the court opinions I read in researching this and I found no mention of it in Alabama statute (although I did not get too in depth there).

.

What can a lawyer do to make a judge make a ruling?????????????

what can a lawyer do? Depends where in the process this is and what reasons can be presented to allow some other action to be filed. . What can your lawyer do? No idea. From what you have posted as his defense to the suit, I would have to wonder. It would appear he failed to present the simplest and most straight forward defense to the claim or PE so I have no idea what your lawyer could do from this point.

 

[DavidC1]

Theirs nothing in Alabama Supreme Court that my lawyer could find or the leasee's lawyer could find where a easement was granted to a leasee of land. All easement cases are between landowners. I presented a map that showed the road that the leasees landowner's use to access their land. The leasee can access all his leased hunting land through this road without crossing another landowner.
We haven't been to court yet. We are wanting on a decision on our filing to dimiss and disolve because a leasee of hunting land has no right for a easement only landowners. This land isn't land locked. The landowners have their own road. It has been 2 months without a ruling.

 

[justalayman]

DavidC1;2816425]Theirs nothing in Alabama Supreme Court that my lawyer could find or the leasee's lawyer could find where a easement was granted to a leasee of land

.that means nothing. It would be if there was statute or a decision which ruled that a lessee cannot claim a PE.

All easement cases are between landowners.

possibly at the SC level but even that I would tend to doubt. There are thousands of lower court cases that are just as valid as support. The fact is; only one person involved has to be a land owner and that is the person upon whose land the claim is made. It doesn't matter if the other person is a landowner of a contingent parcel, some remote parcel, or a homeless guy that walked across your property for the requisite 20 years to get from his cardboard shack to his drug dealer on the other side of your proporty.

I presented a map that showed the road that the leasees landowner's use to access their land. The leasee can access all his leased hunting land through this road without crossing another landowner

that is irrelevant. Even the landowner could attempt to claim a PE if he has fulfilled the requirements of the law.

We haven't been to court yet. We are wanting on a decision on our filing to dimiss and disolve because a leasee of hunting land has no right for a easement only landowners

. If you are waiting on a decision, you have been to court. The court cannot make a decision until an action is filed.

This land isn't land locked.

irrelevant

The landowners have their own road.

irrelevant

 

[DavidC1]

So you are saying it comes down to my word against his word if he had permission or not?????????????????????:

I read here in the state of Alabama giving someone verbal permission is called neighborly accommondations. What's your thought on that?

 

[justalayman]

=DavidC1;2816473]So you are saying it comes down to my word against his word if he had permission or not?????????????????????:

Not totally but that can lead to a decision.

I read here in the state of Alabama giving someone verbal permission is called neighborly accommondations. What's your thought on that?

read the case I cited. If you will notice, it addresses the neighborly accommodations issue. The problem with your situation is: this was not a neighbor. It was a member of a club that leased the land next to yours.

You do state the group did have verbal permission to use the drive. You will have to find support for that action in order to argue the license issue.

 

[DavidC1]

When we went to court the first time he admitted to calling me and asking for permission to haul timber out through my land. The bridge had fell in going out through the other landowner.
He's lawyer argued that hauling timber across my land and driving across for hunting were two things. What's your thoughts on that?

 

[justalayman]

yes, they are two different things.

 

[DavidC1]

There are 4 landowners that the leasee has to cross on this road. My land is the last one before he gets to his hunting land. I talked to one of them and he doesn't want a easement across him. He has only owned this land for 4 years. Does the time period start over with the new landowner that is required to gain a PE or can he claim the time period he has traveled on this road even though the land ownership has changed.