Weyerhaeuser Blocked off my road to a property. It seems like they are protecting a neighboring permit area.
I need to Get a key for the gate, but I don't know how to deal with Weyerhaeuser. What do I do to get a key so I can access my property? (https://www.weyerhaeuser.com/)
Do you have an easement or other legal right to access?
Yes, full rights to property, Easement should sound about right.
I'd go to the closest mill and talk to a field forester. Then work my way up the corporate ladder if needed. The field forester probably knows more about the area than anyone else, as well as company policy.
If possible cut the chain and insert your own lock. Then call the company and ask them why you were denied access.
A little more proactive than the others, but they are not wrong, and I may not be right. Some body at the company made a decision and ignored the land owners, not a good thing for a wood company.
Buy a lock just like theirs and use a universal key to unlock theirs and replace it with yours.
Universal key = battery powered angle grinder, a multi-purpose tool.
GAB
So which one of you locksmiths is going to post his bail? Texas Ranger likely has the best advice if you need to access the property immediately and have legal access, but I kinda question that with your response about "should sound about right". I can tell you with absolute certainty what property I have owned that had frontage, what had a legal ROW, what property granted a ROW to someone else, and if that ROW was where the road is - that is often a problem and sorry but it might be your problem.
The best thing to do is to go to the local mill and start making calls if necessary. Pain in the butt? Maybe, if your access is perfected and the road is where the ROW is. That gives you an advantage if they did mess up, but if those stars don't align and you get to damaging the lawful property of others, well don't spend all of your money on the grinder as you may need some for bail.
Well, and no offence intended here, but the last thing I would do is ask for advice on the internet. We don't even know what country you are in, let alone the region. The first thing I would do is start making phone calls to find out 'who's in charge'. Is the gat on your property, or blocking access to your property over an ROW? This matters...a lot. Either way, before you start cutting locks and doing the other stuff we would all LIKE to do instinctively, you should know where you stand, check whether you have a legal right of way (on paper) and where that ROW actually is. You may have been using that gate for years or more, but if it's not covered on paper accurately enough, you may find yourself in a poor position.
Better to make phone calls, be polite, explain what they've done for your work, and work out a deal then to start with aggressive actions.
I figured if it is Weyerhauser land, it's in the US and probably PNW.
But yeah, that advice here is definitely not legal advice. And I wouldn't start off with cutting their lock under any circumstance. Even if you don't get arrested by CO Southside, it will more than likely keep things going in the wrong direction in the relationship.
Definitely do not cut the lock unless its an emergency or absolutely necessary. It is possible that this is a mistake, but they have tons of money and lawyers so proceed from a position that is carefully chosen.
I would first check the plat of the area to ensure that your ROW is shown on the plat, This is the most important thing to be established. All landlocked properties must have a road or a right-of-way across a neighboring property. Its possible that the road was a convenience and the previous owner granted access that has since been revoked. Also examine the deed to see if any right of way is mentioned.
With this proof in hand, you then contact the Sheriff's office and ask for advice. They will know who to contact or otherwise assist you. This is their job. The Sheriff's office contacting the company will get their attention quickly.
If the ROW is not shown on the plat, you still have a valid point to make but it will require diplomacy and maybe some lawyering to get it sorted out. A reading of the laws in your area concerning easements, rights of way will also prove informative.
You still go to the Sheriff and tell them what happened, how long you have owned the property and that you have used this road to access the property since you bought it. An agreement with the company may be reached amicably or your lawyer will help you get access to your property. Somewhere, someone has to give you access, whether they want to or not.
Weyerhauser has a lot of land across the southeast too. I'm willing to bet they are all over the whole country. I know when Danny was working for them, he was always flying somewhere for work. Heck I don't think he ever had to pay for a flight or car rental to the pig roast due to his sky miles. If you have documented access this should be a easy fix.
Just asking, is there a sign saying they put the gate up.
Higher up may not even know about the gate.
Could have been one guy that did it. They could have had some problems and put the gate up, knowing this would happen, but thinking whoever needs a key will get one. :)
Yes I would not start cutting locks. I'd go to the county courthouse and pull up my deed and make sure I have a legal right of way, there should be an easement and plat (hopefully but not always a plat). Then I'd go to Weyerhausers local office. It could be they just wanted to stop poaching, or it could have been hunters. Who knows.
If your easement goes through Weyerhausers lands you'd like to keep on good terms so best to meet your neighbors.
Not sure what you mean "my road to a property."
Do you own the property, lease it, work on it, etc? Is the road that is blocked the legal easement access road? Do you have a deed?
Basically, the first question anybody will ask, Sheriff, lawyer, or Weyerhaeuser itself, "What what legal right do you have to the property?" Are you a landowner, tenet or worker to the property that the road blocks? Do you have a plat map of the property?
Start with your cell phone... sometimes this get's the fastest results, anyway.
Weyerhaeuser Company Corporate Headquarters,
220 Occidental Ave. S. Seattle, WA 98104
Quote from: rusticretreater on November 07, 2023, 01:29:24 AMSomewhere, someone has to give you access, whether they want to or not
Access laws vary from State to State, and in many cases landlocked land is just that. Landlocked. If you don't have "perfected" access you can find yourself locked out. I bought a big chunk of land that way one time cheap when it was sold to someone who didn't do their homework. Guy figured the existing road was the ROW and torqued off one of the landowners who the land crossed. Well, that piece of land had never granted a legal easement, the previous owner had a handshake agreement was all, and he denied the new owner crossing over his land. The owner came to me as I was the only other landowner who bordered the land that had road access. He wanted to buy an easement over my land - umm, nope and the reason was the same as why this post was made, about every easement I know of leads to issues eventually. I ended up buying the land off of him for what it was worth as land locked property.
Keep in mind that they may have to give you access, but it does not have to be the easiest most direct route. I would start making visits and phone calls and try to keep it friendly if possible.
Doug in SW IA
Most courthouses and clerks offices are computerized now and you can look up all the records on the property. The easement/ROW might be listed on a separate document with terms spelled out. It could also be listed on an earlier deed and not brought forward due to subdivision or sloppy legal work, etc.
So be thorough in this step.
Quote from: dougtrr2 on November 07, 2023, 08:45:24 AM
I would start making visits and phone calls and try to keep it friendly if possible.
Doug in SW IA
This seems like a good idea for now. Thanks for the help everyone. I am going to do some more research and try to do my best. I was pointed in the right direction by many of the posts, and got some good advice.
Do you have title insurance? I know in NYS it is a necessity. the title insurance protects you from this situation. Look into it and if you have it then its time to call the title insurance company.
I agree with don't cut the lock! Go to the local office and talk to the local manager. We have many gates and know all the inholders. We make arrangements for access either through shared combination locks if the gate does not allow extra locks or putting your lock on the daisy chain. The local office should have a record of your access deed - if not they will be able to get it from the corporate office. They will have it as there are individuals who job is to keep track of this. The county should have a copy as well if it was recorded properly. If you are in the right and they refuse - go up the corporate ladder.
@Forest-Man (https://forestryforum.com/board/index.php?action=profile;u=63364) is there any follow up on this? How are you making out?
Up this way you have the right to access your ground. Most properties have a crown reserve corridor 66 feet wide to get to any piece behind others. Just need approval from DNR to develop a road. But also you cannot gate off a crown reserve, you don't own it even if you build the road. In some cases you may have to make an agreement to where your road crosses someone. I've had relatives on both sides of that fence. In the end they had a right to access.
I'm with the idea to do some homework so you will know what you are talking about, then politely contact them. Starts things off a lot better. Going the hostile route will only negate the chances of a good working relationship. And we would like to hear "The Rest of the Story." They may not be under any legal obligation to let you in, but may be willing to consider. I would go to the person on the ground floor first. People at the top of the corporate ladder can be harder to work with.
Keep a diary or record of your efforts (courthouse, deeds, etc) and especially phone calls. It's easy to get swept aside forever dealing with behemoth companies.... for your defense when you finally end up cutting the lock. :D
Hopefully it doesn't come to that.