S
Steve Jacobs
Guest
My wife and I have a 86 acre farm that we bought from my parents in 1992-it's where I grew up. In 1974 a 4-lane highway was put thru the farm landlocking 15 acres.The 15 acres were rented by a local big farmer from my parents and us until last year.When he stopped by to pay the rent,he said he wouldn't be renting it any more.Since he is up in years,it made sence to us.We have another farmer who rents the rest of the tillable land on the main side of the farm,and we asked him if he would be interested in renting the other side to which he said yes,but make sure it's OK with the person who owns the roadway to access the land.Before we spoke to this person,our renter seen him,introduced himself,and his intensions and assured him that he would take care using the roadway.The person then told my renter that he couldn't give him permission to use the roadway because his land was still rented by the big farmer and the big farmer had the say whether my renter could use the roadway or not.My renter came to my house,and told me I had to get this straightened out before he would rent the land which is only right.I went to the person who owns the roadway and he told me the same thing,so I went to the big farmer to find out the problem.He told me that no,my renter couldn't use the roadway.I asked him why since he had farmed my land and didn't want to any more couldn't someone else?He told me that back when the roadway went thru,my parents were compensated for the land being landlocked,and he had made an agreement with my father to purchase the land,but my mother nixed it,and we have no right to get to our land.I pulled out all of the old paperwork,and he was right.My parents were awarded $3000 because of landlocking that part of the farm.I took all of the paperwork to an attorney,and he told me that there was nothing I could do except post the property (by climbing the fence on the four-lane) and watching the property because the big farmer probably wants to acquire the land thru my inability to use it or improve it.I had resigned to this being the way it had to be untill I was talking to a friend of mine who is a real estate agent.The real estate agent says there is a law called easement by nesesity and if I challenge the lack of permission by trespassing,and go to court,I can get the right-of way my father and I have tried to buy since the four-lane went thru.I have tried to find this "easement by nesesity" law with no luck is there such a law? And should I just "bag-it "or find another attorney?