Pond Boss
Posted By: wickedinhere I am gonna do it again. - 03/10/13 05:48 PM
I sold my place 5 years ago and the thing i missed the most was my pond. We had 5 acres with a one acre pond and it was a blast
i have some pics of our place on here somewhere. Well a few years ago we bought 112 acres out in the middle of no where and that's how i like it. Were finally in a place where we are able to start clearing it and you guessed it were gonna dig another 1 acre pond maybe more later.I have included some pics we just started friday but will have to wait for it to dry up a little more to finish clearing it out.


Posted By: esshup Re: I am gonna do it again. - 03/10/13 06:37 PM
Oh man, that sounds like heaven. Keep us posted on the progress!
Posted By: wickedinhere Re: I am gonna do it again. - 03/10/13 07:10 PM
Will do I am really excited about this new project.
Posted By: wickedinhere Re: I am gonna do it again. - 03/12/13 08:56 PM
We had a good rain a few days ago and the drainage we cut to dry up the
property worked great. The guys came out today to do the flood elevation survey so we will know how high to build the pad. Here is a pic not much but its all i got.LOL
Posted By: wickedinhere Re: I am gonna do it again. - 03/28/13 12:14 PM
Well we got the flood elevation survey back and were gonna have to build up about 5 feet. The pad is going to be 100x200 and that's a lot of dirt.LOL The dozer is coming back today so i should have some more pics soon.
Posted By: Yellow Jacket Re: I am gonna do it again. - 03/28/13 12:29 PM
What do you mean by "the pad?"
Posted By: esshup Re: I am gonna do it again. - 03/28/13 01:06 PM
Compact it with a sheepsfoot as the dirt is brought up. It'll prevent settling issues in the future.

3703 yards
Posted By: wickedinhere Re: I am gonna do it again. - 03/28/13 02:08 PM
House and shop pad. Esshup we will be compacting it.
Posted By: rmedgar Re: I am gonna do it again. - 03/28/13 02:10 PM
With all that land you're going to need more than one pond. smile
Posted By: Yellow Jacket Re: I am gonna do it again. - 03/28/13 02:16 PM
I thought you meant a pond pad! lol
Posted By: wickedinhere Re: I am gonna do it again. - 03/29/13 02:06 PM
Well the dozer got some more work done yesterday he's got about one more day of clearing and he should be done. They are bringing the track hoe
Saturday to take out about 40 stumps and take out the other trees. I hope they have it completed Saturday so i can put up stakes for the house pad. I will post some pics later were gonna fry some fish and drink some beer and look at the property. LOL
Posted By: otto Re: I am gonna do it again. - 03/30/13 12:32 PM
When you talk about a fold survey. Who does that? Are you responsible for that yourself or does the county Have some guidelines?

Otto
Posted By: wickedinhere Re: I am gonna do it again. - 03/30/13 06:12 PM
Before you can build anything you have to get a flood survey because of all the flooding during the hurricane's that hit here in Louisiana in the past years. I called a survey company and he came out put his GPS tripod where were going to put our home and downloaded the info then sent it to fema. I got the the paper work about 2 weeks later. I had to pay for it it was 550.00 once we get the pad done he will come out and make sure the pad is high enough then we can continue.
Posted By: wickedinhere Re: I am gonna do it again. - 03/31/13 02:27 AM
We'll the track hoe wont be here till next weekend but the land is cleared and leveled out.
Posted By: wickedinhere Re: I am gonna do it again. - 03/31/13 02:35 AM
Posted By: wickedinhere Re: I am gonna do it again. - 04/16/13 12:36 PM
Well not much going on it keeps raining just enough to stop us from digging up the stumps and removing some more trees. I hope to get started on the pond soon were going to dig a few test holes when the track hoe gets on the property to make sure we don't hit sand.
We ran into this fellow a few days ago he was not happy.
Posted By: esshup Re: I am gonna do it again. - 04/16/13 01:25 PM
That's a perfect picture of why they are called cottonmouths! Great picture!!
Posted By: wickedinhere Re: I am gonna do it again. - 05/08/13 06:13 PM
Well it finally dried up enough do get the track hoe back out and remove the stumps and remaining trees. He should finish up today and the dozer will be back tomorrow to fill in the stump holes and finish getting it level. The next step is to start digging the pond for the house pad but its suppose to start raining friday so who knows. Here are a few pics.




Posted By: kenc Re: I am gonna do it again. - 05/08/13 07:49 PM
Looks like he dug your stumps out good. Are you going to put the dirt as fill or truck in sand? Either way, I am sure you know to pack it very well. Good luck.
Posted By: wickedinhere Re: I am gonna do it again. - 05/08/13 08:09 PM
Instead of using a bucket to dig he has a piece that goes on it that has 2 large teeth and pops the stumps out pretty easy. It doesn't make a huge hole like the bucket does. We will be filling all the holes with dirt.
Posted By: wickedinhere Re: I am gonna do it again. - 05/09/13 12:01 AM
I went back this afternoon and he was done and the dozer was there cleaning up the mess. Its really taking shape here are some pics of the
thing he was using to rip up the stumps.


Posted By: ewest Re: I am gonna do it again. - 05/09/13 01:21 AM
Never encountered a claw like that.
Posted By: jludwig Re: I am gonna do it again. - 05/09/13 01:34 AM
Interesting claw. I bet it works great for ripping up the stumps.
Posted By: kenc Re: I am gonna do it again. - 05/09/13 01:47 AM
I have never seen that ripper used. That being said I prefer the large hole because it gets a large amount of the roots out. The roots rot out here quickly(termites also) so that you will have settling problems pretty soon. The more roots you take out the better but it does cost more. your project looks very nice. Good luck.
Posted By: wickedinhere Re: I am gonna do it again. - 05/09/13 10:51 AM
There were very few roots left nothing that will cause any problems in the future. It took the gum and oaks stumps right out of the ground but the pine stumps gave him just a little more trouble.LOL The property had been logged before we bought it, thank god there were only a few pine stumps.
Posted By: wickedinhere Re: I am gonna do it again. - 05/11/13 07:26 PM
We got about 6 inches of rain Friday so that will slow things down but hopefully we start digging the pond in about 10 days.
Posted By: wickedinhere Re: I am gonna do it again. - 05/19/13 07:38 PM
Well it dried up so we decided to do a little burning. They should start the house pad this week hopefully.
Posted By: wickedinhere Re: I am gonna do it again. - 05/21/13 02:22 PM
I have been working on getting the utility right of way and just got word that the land owner said "he isn't interested in giving us one".
That being said the guy "land manager" said to make them an offer and
see what happens.The right of way will be 30x550 and i have no idea what to offer.
Posted By: kenc Re: I am gonna do it again. - 05/21/13 03:36 PM
Did you buy the land from the guy that you need to get the easement from? If so the easement may be implied(it is in Va.). If you bought it from someone else without any easement, you are at the mercy of your neighbor. Ideally you should have taken care of this before taking possession of your land. Good luck.
Posted By: wickedinhere Re: I am gonna do it again. - 05/25/13 01:39 AM
Well the land manager is just trying to squeeze me for the most amount of money he can i made an offer so we will see. Its funny how people will treat you when they know you have to have what they have. I have known the land manager for a real long time and he has been real slow moving on the right of way. I am sure he gets a percentage of any deals he makes and i always have to contact him he will never return my phone calls. I have been trying to keep calm about it but he is really pushing it. I have a few things up my sleeve so i will just see how it plays out with my offer.
Posted By: Dave Davidson1 Re: I am gonna do it again. - 05/25/13 11:51 AM
Not knowing the people involved, it is tough for me to comment.
However, that's never stopped me.

It is my observation that goods and services always chase $. It is seldom the other way around.
Posted By: kenc Re: I am gonna do it again. - 05/25/13 12:34 PM
If you know what the land manager like(i.e. guns or nice fishing stuff) get it and invite him over for a visit. After he sees the gun or whatever tell him it is his after you close on the easement. You need to keep your cool and not gripe off the person till you close on this. I have closed several deals with this method of horse trading. You need to get a good real estate lawyer if you buy property. Good luck.
Posted By: wickedinhere Re: I am gonna do it again. - 06/20/13 08:29 PM
Well were still dealing with the right of way i am trying to be nice but i am pretty sure the land manager is just jerking me around. HE doesn't return phone calls, i always have to run to his office to get any answers. I talked to him yesterday and he said he spoke to the guy that can make the decision and after asking about the right away at 5.00 per foot(3,000 robbery in my book but he said that would get it done)the guy didn't respond to him and just started talking about something else. That didn't sound right at all but who knows. Then the land manager said that this guy was leaving at the end of this month and a new guy was coming in to take over and he would talk to the new guy about the right away. I am pretty sure its all BS but if i don't
get an answer by the end of next month i am going to hire a lawyer and
get it done.
Posted By: fish n chips Re: I am gonna do it again. - 06/20/13 08:53 PM
I'm not really getting the whole picture here, maybe it is only me. You own property that you are building a pond on. I assume you have access to the property via a road. You need a utililty right of way because there is no service from the road and its not feasible to bring it to your entrance?

Then what about this land manager? Why do you have to go thru him to the actual landowner? Sounds like he is more of a lawyer to the land owner.
Posted By: sprkplug Re: I am gonna do it again. - 06/20/13 09:54 PM
That's $5.00 per lineal ft. I assume? (sq. ft. would be a tad over that $3000 figure :o) And there's a NEW guy coming to take over at the end of the month? Is this an individual that you're dealing with, or some type of corporate entity?
Posted By: wickedinhere Re: I am gonna do it again. - 06/20/13 11:03 PM
Its a bank that owns the property that i have to cross its an investment for them. The land manager is local and the bank is in dallas
the land manager answers to the guy who works for the bank. The property is 4 miles off the beaten path power has to come across them there is no other way as they own all the property around me.Its 5.00 per running feet.
Posted By: esshup Re: I am gonna do it again. - 06/21/13 06:00 AM
Instead of dealing with the land manager, talk directly to the guy who can say yes or no. And when he does say yes, get it in writing. If the manager won't give you the guys name/number, I'm sure you could dig it up yourself if you know the banks name. It will take some phone calls on your part.
Posted By: John Wann Re: I am gonna do it again. - 06/21/13 06:22 AM
Maybe if you buried the line they would talk. Just throwing it out there. The land owner next to me wanted to run a wire across my property and could not understand why I objected. I have buried every line on my property in heavy duty conduit so I would not have to look at ugly wires. I told him if he would bury it we would talk. No answer yet.
Posted By: wickedinhere Re: I am gonna do it again. - 06/28/13 11:06 AM
Going under ground is not an option. I am not sure what the problem is i am guessing the land manager. Giving utility right of way is a pretty common practice and is normally painless. It might take a little longer
but i will get it. I dont think they want to go to court and explain why they refuse to give a "good ole boy" the right to get power to his house. I have been nice and polite but if i get another BS story when the new guy takes over i will have a lawyer contact the company directly.
Posted By: sprkplug Re: I am gonna do it again. - 06/28/13 11:32 AM
Originally Posted By: wickedinhere
Going under ground is not an option. I am not sure what the problem is i am guessing the land manager. Giving utility right of way is a pretty common practice and is normally painless. It might take a little longer
but i will get it. I dont think they want to go to court and explain why they refuse to give a "good ole boy" the right to get power to his house. I have been nice and polite but if i get another BS story when the new guy takes over i will have a lawyer contact the company directly.


Is going to court a guarantee that you will get your access? In other words, do they HAVE to allow it??

If they aren't required by law to do so, I'm not so sure I would be confident in obtaining it....'good ole boy' or not...
Posted By: wickedinhere Re: I am gonna do it again. - 06/28/13 01:30 PM
In Louisiana you can't deny someone power or any other utility. Its not like i am trying to cross 6000 feet of prime property to power up a some big business that will make billions of dollars. Its not going to look good in court when i have offered to pay top dollar for the right of way and they just didnt respond. When all else has failed i have no other option but to sue them i have tried all other avenues.
Posted By: dlowrance Re: I am gonna do it again. - 06/28/13 02:32 PM
I'll second the suggestion above re: finding the actual person who has the ability to say yes or no. Face to face if possible. It's really easy for bureaucrats/bank officers/paper pushers to ignore an issue when it's an email or a voicemail. When it's a person standing in your office (being polite and logical but firm) it's usually much more productive.
Posted By: fish n chips Re: I am gonna do it again. - 06/28/13 03:03 PM
I'm like Sparkplug, I question whether they "have to" give it to you. Around me, the only way you give it is thru imminent domain, for the greater good of the people ( not individuals). I would have to go up my driveway owned access, and pay the utilities to bring it to that driveway, no matter the cost. I assume you also have a driveway into the property that you own.

Now sometimes a lease can be worked out with a neighbor, and that is usually at a cheaper price than what it costs to bring the utilities to the owned entrance. Not to be callused about your situation, but I don't easily agree to give right-aways onto my property, and can't blame others for doing so too.

It really does sound like the land manager is the problem. If it goes to court, the bank will probably just say they had no idea what the middle man was doing and get away with it. I agree with every one else on the fact that you should first walk into the bank office and get it worked out.
Posted By: wickedinhere Re: I am gonna do it again. - 06/28/13 10:18 PM
When i go talk to the lawyer i am going to have him contact the bank and see if they are aware of whats going on. If they don't know about
whats going on than we will go from there. If they say we dont want to give it then we will sue. I have found that this company refused to give a few guys a road right of way to some property and they sued and
got the right of way. The piece of property i need to cross is at the end of their property line its just grown up and and really nothing there.
Posted By: teehjaeh57 Re: I am gonna do it again. - 07/02/13 06:14 AM
Im with DD1
Posted By: wickedinhere Re: I am gonna do it again. - 07/02/13 11:20 AM
The dirt guy is suppose to start the house pad this morning, no rain till Friday so hopefully a lot will be done in the next few days. He said he can move 100 loads of dirt per day with 2 trucks.
Posted By: sprkplug Re: I am gonna do it again. - 07/02/13 11:38 AM
So you're absolutely positive you will get the utilities right of way then? Not trying to be negative, but if it were me I wouldn't put one more hour of labor, or spend one more dollar out there until I knew.

It just seems logical to me to find out first, before moving ahead.
Posted By: wickedinhere Re: I am gonna do it again. - 07/02/13 08:09 PM
We will get it, i don't think the land guy has even contacted the bank that owns it.I talked to him this morning and he said he had a call into the new guy that is now running the show. I am only going to contact him once more then i will turn it over to an attorney. I am not going anywhere with this guy but he has till the 14th of this month then i will move forward. When a business has large tracks of land this is standard business giving right of ways and doing oil leases and pipeline right of ways that one way they make a living.
Posted By: sprkplug Re: I am gonna do it again. - 07/02/13 08:25 PM
They certainly CAN make money that way.....but do they HAVE to?? And, if they have to, does the court set the price, or can they say: "Sure, you can have a right of way....for this $$$$$$ amount? After all, technically they would be offering you the ROW, just like the court said, but the price could be exorbitant.
Posted By: wickedinhere Re: I am gonna do it again. - 07/02/13 08:52 PM
I am going to stay positive, of course anything can happen who knows. This project will happen and this time next year i will be looking at my pond and new house WITH POWER. It almost seems that people want to see me fail on here whatever happened to support the little guy. I was raised to help my neighbors and if the roles were reversed i would give the right of way for free!
Posted By: RAH Re: I am gonna do it again. - 07/02/13 09:03 PM
My guess is that there are laws that ensure access and utility access to "land-locked" property. I would assume an real estate attorney would know the local laws. How do you get to your property without an access easement?
Posted By: sprkplug Re: I am gonna do it again. - 07/02/13 09:12 PM
Make no mistake, I'm hoping for the best! I don't mean to come off negative, or harsh, but this is business we're talking about....and feel-good neighborly moments, while always appreciated, are usually conspicuously absent during negotiations such as you are describing.

Personally, I would be hesitant to allow a right-of-way over my property. That doesn't mean I wouldn't, only that I would expect a new neighbor to have figured all of this out before buying property next to mine, then expecting me to make his life easier.

Let's say I agree to the right-of-way. Then, in a couple years my new neighbor packs up and moves....now what? Chances are, that ROW I granted him stays with his property, which is now up for sale....What kind of NEW neighbors will I have?? Good, bad? I've got no control over it, so I'm stuck with whatever, and whoever happens.

I hope it all works out in your favor, WIH. That's twice today I've crossed my fingers for a fellow PB'er. I know what it's like to have a dream and a plan, like most on here probably do, and I want to see you succeed with yours.

Hopefully, we'll be helping you with your pond plans soon! smile
Posted By: wickedinhere Re: I am gonna do it again. - 07/02/13 09:34 PM
My father owns property by mine and he has a road right of way that includes family members so i am good on that.
Posted By: fish n chips Re: I am gonna do it again. - 07/03/13 01:15 PM
How does your father get electric to his property?

The reason why I am finding your situation interesting , in different parts of the country, how things are done. Around here, it is very rare that a land owner lets property
get landlocked when selling it. Here, it is worth nothing if that happens, because people just won't buy it for the troubles it causes. The only people that may want it is the adjoining property owners.
Posted By: sprkplug Re: I am gonna do it again. - 07/03/13 01:46 PM
Originally Posted By: fish n chips
How does your father get electric to his property?

The reason why I am finding your situation interesting , in different parts of the country, how things are done. Around here, it is very rare that a land owner lets property
get landlocked when selling it. Here, it is worth nothing if that happens, because people just won't buy it for the troubles it causes. The only people that may want it is the adjoining property owners.



Same here.

I would also make sure that the easement on your father's place, which as I understand it is how you're getting onto your property, stays with the property....in other words, how do you get onto your property if your father sells his? Don't rely on the goodwill of a new neighbor....get all of this written down, and recorded at the land office, courthouse, or whatever system is in use down there.

It would suck to build your house, then not be allowed to get to it because nobody made it all "legal".....verbal agreements aren't worth much when things change hands.
Posted By: esshup Re: I am gonna do it again. - 07/03/13 02:21 PM
Talk to Rex (Rainman) about his property in Missouri that he just sold. Same problem. After he bought it and did improvements to it, he couldn't access it anymore.
Posted By: wickedinhere Re: I am gonna do it again. - 07/03/13 05:09 PM
My father's ROW is transferable is case of his death and it goes to me.
Everything will be in writing and recorded at the court house.
Posted By: fish n chips Re: I am gonna do it again. - 07/03/13 10:08 PM
Originally Posted By: fish n chips
How does your father get electric to his property?



??
Posted By: wickedinhere Re: I am gonna do it again. - 07/03/13 11:19 PM
His power is where i will have to come off of, the power runs down the road and delivers power to 3 other camps.The power line follows the main road to the first camp then goes through the woods and goes to my dads camp then on to the next camp.
Posted By: fish n chips Re: I am gonna do it again. - 07/04/13 12:00 AM
So the "utility" that needs to cross the stubborn landowner is what?

Is it something that your dad does not have/use?
Posted By: wickedinhere Re: I am gonna do it again. - 07/04/13 01:40 AM
POWER
Posted By: sprkplug Re: I am gonna do it again. - 07/04/13 12:06 PM
So your dad has power, his property is next to yours, you use his easement/ROW to access your property......so why do you need to cross the bank's property at all?

Just trying to see the whole picture.
Posted By: fish n chips Re: I am gonna do it again. - 07/04/13 12:36 PM
Originally Posted By: wickedinhere
My father owns property by mine and he has a road right of way that includes family members so i am good on that.


Originally Posted By: wickedinhere
His power is where i will have to come off of,



As SP said, follow the ROW driveway with power, and your good to go. What am I missing?



Originally Posted By: sprkplug

Just trying to see the whole picture.


Me too... what are we missing?
Posted By: rmedgar Re: I am gonna do it again. - 07/04/13 03:58 PM
Let me weigh in from AL.
I'm perplexed, too.
That is all...
Posted By: Rainman Re: I am gonna do it again. - 07/04/13 07:37 PM
A ROW is normally for ingress and egress to "landlocked" property and the landlocked property has no "pwnership" in the land the ROW crosses, simply the right to traverse it. A utility requires it's own ROW and often unless a landowner freely gives a utility ROW, the power companies will not force the issue.....
Posted By: wickedinhere Re: I am gonna do it again. - 07/05/13 01:27 AM
The power line doesnt follow the road to my property. I have to come off the power line that crosses my dads property. The bank owns the small strip of land between my property and my dads.
Posted By: sprkplug Re: I am gonna do it again. - 07/05/13 03:24 AM
Okay, so the bank's property actually separates you from your dad's place. And you have to physically cross the bank's piece to get to yours. You have a ROW, or easement that allows you to cross their property, but not, as Rex states, the utilities?
Posted By: wickedinhere Re: I am gonna do it again. - 07/05/13 09:35 AM
Correct. Road and utility ROW are 2 different things.
Posted By: Dudley Landry Re: I am gonna do it again. - 07/05/13 02:04 PM
Have you approached the bank about buying that "small strip of land"?
Posted By: wickedinhere Re: I am gonna do it again. - 07/05/13 03:26 PM
I haven't talked to the bank at all because i have had to deal with the land manager. I have thought about buying it but i don't think they would sell it. That will be one option that i am going to bring up to the attorney if they don't want deal with me.
Posted By: Rainman Re: I am gonna do it again. - 07/06/13 06:16 PM
FAR better (and often cheaper) to OWN land that adjoins a public roadway than to try getting a deeded easement. An easement ROW gives you no real control over the path...the landowner the easement crosses can decide to gate it, in dozens of times if they wish...remove road gravel, if they wish...You may be able to "stop" the harassment, but enforcing rights in court is VERY expensive! And in my case, we lost.
Posted By: wickedinhere Re: I am gonna do it again. - 07/07/13 11:08 AM
They wont gate the roads because they have oil wells on the property and the trucks have to get the oil out in trucks. The property is 3 miles off the main highway and others have camps that they need to get too. One farmer that leased the fields tried to lock the gates and one of the camp owners removed the gates to get to his camp.He then sued the owner of the land at that time and the farmer was removed and the gates were never put back up. I really don't think the company wants to have legal expenses when they could be taking my offer and making money
it just doesn't ad up to me.
Posted By: Rainman Re: I am gonna do it again. - 07/10/13 03:55 PM
When it comes to land, what people think and are willing to do is never certain, or may even make sense.
Posted By: wickedinhere Re: I am gonna do it again. - 07/13/13 12:28 PM
Tic Toc Tic Toc....................LOL Just waiting to hear from the land guy to see what kind of story he comes up with this time.
Posted By: rmedgar Re: I am gonna do it again. - 07/13/13 02:13 PM
My 2c: as was mentioned by Rex (rm) I would try to buy the land. You'd be surprised how badly banks want to get rid of land - they're in the screwin' people business not real estate. I'd contact them Monday AM before I spend another penny on lawyers and try to make a deal. They probably have a price, offer them 1/2 and settle somewhere in that range. Try it, they will they will probably make a deal. Seriously, call/go see them Monday...
Posted By: Dave Davidson1 Re: I am gonna do it again. - 07/14/13 01:17 PM
I agree with Randy. It is my observation that goods of any kind chase and hunt for money.
Posted By: wickedinhere Re: I am gonna do it again. - 07/28/13 10:36 PM
Well the guy that was gonna do the house pad flipped his track hoe and is out so i had to call another dirt contractor in and he will start in about a week. I contacted the utility company to get the maps where the right of way was proposed and the guy said we never heard back from the land guy so he's been lying for 4 months. I tried to contact the bank that owns the land but that was a complete waste of time because no one knew who i needed to talk to and acted like they weren't going to help me.
I have tried all the things that i can do without legal action. Its time to get serious and sue that is all i can do.
Posted By: kenc Re: I am gonna do it again. - 07/29/13 02:54 AM
You can certainly sue if you want to but I think you should talk to a legal expert before you do anything so rash. You bought this property like it is and the bank or no other entity need to help you out of your problem. More then likely you will lose your case forthwith and will be likely responsible for their legal fees. You made a misstep when you closed on this land before getting your easement. See if you can talk to a law professor or land mediator. You could easily spend in excess of fifty thousand dollars and get no relief. You need to get a good real estate lawyer if you buy property. Sorry about this but you are not in a good position here. GOOD LUCK.
Posted By: wickedinhere Re: I am gonna do it again. - 07/29/13 09:52 AM
Kenc you have no idea what you are talking about. The state i live in you can't deny anyone utilities and that came out of a lawyers mouth.
Posted By: Dave Davidson1 Re: I am gonna do it again. - 07/29/13 10:26 AM
Texas has the same ROW law. However, you might have to hire that lawyer and hope that a local judge will see it your way. And, that's not always a sure thing.

The thought is that easements and "unsightly" power poles devalue land. So, it's not in the banks interest to grant the easement. Proceed with caution. Kenc and others here do know what they are talking about.
Posted By: fish n chips Re: I am gonna do it again. - 07/29/13 11:12 AM
Just one more thought from me....Is there a chance that you could buy another piece of property that joins the one you have. When buying it, one stipulation would be it has to come with all the easements that you need.
Posted By: kenc Re: I am gonna do it again. - 07/29/13 11:23 AM
Property rights do vary from state to state. Your lawyer may know what he is talking about but if he goes to court and loses he still get paid and he will probably encourage you to appeal and then you can pay him again. I know very little except what I do and that is buy and sell real estate which we have done for 38 years and has involved 70 properties but since I got sick we only have twenty some now. When the county runs underground sewer or water here they have to pay to do this. The going rate here is 5-10$ a square foot. They can do this but a private indivdual has no standing to force acesss for anything. I was just saying you may need to talk to a legal expert that does not have anything to gain by suing. We have bought a few properties that had a cloud on the title like yours does but I did not close on that property until we had removed the cloud. I do hope you the best of luck but you are still in a bad position here.
Posted By: wickedinhere Re: I am gonna do it again. - 07/29/13 04:22 PM
It's only money I can make more.
Posted By: wickedinhere Re: I am gonna do it again. - 07/29/13 05:01 PM
This property is out in the middle of no where 4 miles from the main road, they are also getting ready to log a lot of the property including the small strip i have to come across. I can promise you that a few poles wont devalue the property if anything it would increase the value. I suggested buying the property and i get the same generic answer of nothing, its like talking to a 3 year old on the phone you can't go anywhere. I also talked to the guy from the utility company today and he goes to court a lot over right of way issues for the utility company and he also said what the lawyer said.
Posted By: Yolk Sac Re: I am gonna do it again. - 07/29/13 05:59 PM
It sounds like this is a battle you'll eventually win-that you are within your rights to get power to your property. It also sounds like the only way to do it is going to be to get an attorney involved. At least around here, there are some extremely effective ones that specialize in real estate and property development-they exactly who to contact and what buttons to push to get things done. Perhaps the guy from the utility could suggest one for you?
Posted By: kenc Re: I am gonna do it again. - 07/29/13 09:56 PM
WIH, Yolk Sac gave you some good advice. The trouble with giving someone a easement is that you forgo any profit on the property forever. A strip of land like you need (30 by 550 ft.) can be planted with 165 pines on a 10 by 10 spacing. They mature here in 32 years. You can see why easements are not given easily. Even if you win in court you will have to pay a sizable amount as the law gives the landowner the full value of his property forever. The electric company can force a easement by eminent domain but they have to pay a fair price for the ROW. It is to bad you did not buy your property from the bank as the seller can not landlock the buyer in most states. It is only money but I had rather buy fish bait then pay shysters. GOOD LUCK!!!!
Posted By: surveyman Re: I am gonna do it again. - 07/31/13 01:27 AM
Sorry to hear the problem you are having with your easement. Did you have a survey done when you purchased the property? In most states, that I am familiar with, require the Professional Surveyor to show the ingress-egress (access) to the property by a metes and bound description (bearings and distances). Even if a surveyor shows an easement, it still can be challenge in court. Wish you the best.
Posted By: wickedinhere Re: I am gonna do it again. - 07/31/13 09:39 PM
Some good news finally I had a land guy call me to lease a 32 acre piece
of my property for oil and gas. I started talking to him and he had the info on the the new guy coming in that will over see this property(land manager new boss). I called and left a message about what was going on and how i was getting the run around well 30 minutes later the land manager called and said the he was on the fast track to getting my ROW
going and said he was sorry for the delay. He never said anything about me calling his new boss LOL that's why he wouldn't give me the info. Hopefully that issue will now be settled. The dirt guy had been putting me off on building the house pad plus turning over his track so now he's way behind. I had to get another contractor to come look at it Saturday and he just called and said he will be out there Monday. I am glad i called this guy he knows what he is doing and will get the job done right. He said its gonna take 700-800 loads and about 13 days to get the job done RIGHT so in a few weeks i will have a pond.
Posted By: kenc Re: I am gonna do it again. - 07/31/13 11:12 PM
Indeed, that is good news. All it takes is an understanding person to change the game. A low key approach has worked for me more then the court system. An old timer told me once " You catch more bees with sugar then vinegar". That is good business and it works for me more then not. GOOD LUCK!!!
Posted By: ewest Re: I am gonna do it again. - 08/01/13 02:03 AM
Good news - glad it worked.
Posted By: wickedinhere Re: I am gonna do it again. - 08/01/13 12:58 PM
Yeah i didn't want to sue them that's why i have waited these last 5 months and not sued. It's all finally coming together after the pad is done we will plant some grass and then start on the shop build. I am going to build a 30x60 i am getting prices but i will most likely go with wilson construction they built my current shop 30x30.
Posted By: wickedinhere Re: I am gonna do it again. - 08/03/13 03:01 PM
The dirt contractor started moving his equipment in today and started cleaning the pad site he will start digging on Monday.
Posted By: wickedinhere Re: I am gonna do it again. - 08/04/13 12:41 AM
Went and checked on the property this afternoon and its ready for some dirt.

Posted By: wickedinhere Re: I am gonna do it again. - 08/05/13 04:57 PM
Digging started today and the guy came out and looked at the ROW and said the bigboss man is gonna sign off on it so we will see.

Posted By: esshup Re: I am gonna do it again. - 08/05/13 05:41 PM
Good news! Looks like progress is being made.
Posted By: wickedinhere Re: I am gonna do it again. - 08/06/13 01:23 AM
Got some digging done then the starter in the track hoe went out so they shut down and should be up and running tomorrow. No sand or water table yet so hopefully they wont hit any we are close to a river but hopefully with luck we will be good.


Posted By: wickedinhere Re: I am gonna do it again. - 08/08/13 01:35 AM
THey got a full day in today and its looking nice.

Posted By: wickedinhere Re: I am gonna do it again. - 08/09/13 12:32 AM
These boys can move some dirt they hauled 150 loads today and have almost finished the first dig on the pond. They pad is up close to 3.5 feet but we still have a ways to go i will post more pics tomorrow.
Posted By: wickedinhere Re: I am gonna do it again. - 08/10/13 12:18 AM
More pics.



Posted By: RAH Re: I am gonna do it again. - 08/10/13 12:25 AM
Nice grey clay - Should be able to seal it up good.
Posted By: esshup Re: I am gonna do it again. - 08/10/13 03:32 AM
I see dust in the air from some of the equipment. Is there suffecient moisture in the ground for proper clay compaction, or will they be bringing in a water truck?
Posted By: wickedinhere Re: I am gonna do it again. - 08/10/13 10:41 AM
There is enough moisture in the clay for compaction.
Posted By: fish n chips Re: I am gonna do it again. - 08/11/13 12:20 AM
How high does the pad have to go?
Posted By: wickedinhere Re: I am gonna do it again. - 08/11/13 12:31 AM
It's going to be around 7 foot.
Posted By: wickedinhere Re: I am gonna do it again. - 08/11/13 05:21 PM
We got a little rain yesterday just enough to settle the dust they will be back at it tomorrow. It looks like they are about halfway up on the house pad if they get to work all this week it might be done by Friday.
When they are finished we will plant grass then build the shop and hopefully start on the house in January 2014
Posted By: fish n chips Re: I am gonna do it again. - 08/11/13 07:39 PM
You going to stop digging the pond once the house pad is high enough? Are you going to make a pad for the shop building?
Posted By: wickedinhere Re: I am gonna do it again. - 08/11/13 10:52 PM
The pad is for the house and shop its 100x200. I think were going to have to make the pond bigger to finish the pad but not sure yet.
Posted By: liquidsquid Re: I am gonna do it again. - 08/13/13 12:06 AM
Originally Posted By: wickedinhere
I think were going to have to make the pond bigger to finish the pad but not sure yet.


Darn! I hate it when that happens. (j/k)
Posted By: sprkplug Re: I am gonna do it again. - 08/13/13 12:14 AM
Did you get your ROW yet?
Posted By: wickedinhere Re: I am gonna do it again. - 08/13/13 12:22 AM
NO ROW yet waiting to hear back from the land guy. We had rain the last 2 days not much but enough to stop digging hopefully tomorrow.
Posted By: wickedinhere Re: I am gonna do it again. - 08/13/13 09:12 PM
They are digging again today hopefully the rain will hold off the rest of the week so we can get the dirt work finished. I talked to the land guy today and they are drawing up the paper work for the ROW.
Posted By: wickedinhere Re: I am gonna do it again. - 08/14/13 12:46 AM
Posted By: wickedinhere Re: I am gonna do it again. - 08/15/13 12:24 PM
Well we missed all the ran and we have clear weather for at least 5-6 days. They did have to make the pond larger to get enough dirt(YEAH LOL). I should have some updated pics this afternoon its starting to really take shape and cant wait to live out there.
Posted By: John Wann Re: I am gonna do it again. - 08/15/13 04:49 PM
Nice. Everything is really coming together. I have to admit I was a little scared that would not work out for ya when you started this thread.
Posted By: wickedinhere Re: I am gonna do it again. - 08/16/13 01:20 AM
Here are some more pics from today.




Posted By: wickedinhere Re: I am gonna do it again. - 08/17/13 02:43 PM
Well we are 18 inches from completion, the contractor had to pull out for a week to do some other jobs but he will be back in a week.
The first pic is the start of the pond extension.

These next two will be my view from my front porch.


The house pad.
Posted By: esshup Re: I am gonna do it again. - 08/17/13 07:45 PM
Looking good. Hope you don't get a bunch of rain in the meantime. I really don't like a contractor to pull off a job before it's completed.
Posted By: wickedinhere Re: I am gonna do it again. - 08/17/13 08:26 PM
Thanks, he told me that he might have to pull out to do other jobs(house pads)because he has large contracts with builders and has to keep them happy. He told me that up front so no problem plus he is doing a great job.
Posted By: esshup Re: I am gonna do it again. - 08/18/13 01:00 AM
O.K. That's a little bit different 'cause you knew going into it.
Posted By: wickedinhere Re: I am gonna do it again. - 08/18/13 11:26 AM
Yeah he worked 2 weeks just on my place so i figured it was time for him to get to his other jobs plus it lets my wallet rest for a week. LOL
Posted By: wickedinhere Re: I am gonna do it again. - 08/27/13 12:23 PM
Well we had some rain and that slowed the contractor down on his other jobs so hopefully we will get back to digging on Monday.
Posted By: wickedinhere Re: I am gonna do it again. - 08/28/13 11:58 AM
I am meeting with the land guy and electric company this morning to stake out the ROW so they can draw it up and get it done. I hope to have the ROW in the next few weeks so we can move on cause its getting close to deer season. LOL
Posted By: wickedinhere Re: I am gonna do it again. - 09/02/13 11:39 AM
Everything went great with the ROW meeting, the electric company is drawing up the paper work and hopefully we will get it all signed and taken care of this month. The dirt contractor started moving his equipment back in yesterday so hopefully this week he will finish up.
Posted By: esshup Re: I am gonna do it again. - 09/02/13 03:49 PM
After such a rocky start it's great to hear that things are moving along smoothly now!
Posted By: John Wann Re: I am gonna do it again. - 09/02/13 04:27 PM
Awesome!
Posted By: wickedinhere Re: I am gonna do it again. - 09/02/13 04:58 PM
I went and marked some trees to be taken out for the ROW and the dirt contractor was digging so hopefully with no rain he will be done this week.
Posted By: wickedinhere Re: I am gonna do it again. - 09/06/13 11:56 PM
Well the house pad is done he just has to dress up around the pond and take a few trees down and were good to go.


Posted By: wickedinhere Re: I am gonna do it again. - 09/07/13 12:04 AM

Posted By: John Wann Re: I am gonna do it again. - 09/07/13 12:12 AM
Looking good WIH!
Posted By: wickedinhere Re: I am gonna do it again. - 09/07/13 05:44 PM
Trees are down but they couldn't clean up around the pond because of the rain we got last night but Monday they will finish it up. Here are a few pic from the tree removal for the ROW.


Posted By: wickedinhere Re: I am gonna do it again. - 09/09/13 09:54 PM
Well its done here are a few shots from today of them cleaning up around the pond. They stacked all the trees for us and did a fantastic job overall i couldn't be happier! I even have some water in the pond LOL.


Posted By: fish n chips Re: I am gonna do it again. - 09/10/13 12:24 AM
That will be a great view for you!!!!

The house pad sure is something too. It must be done that way for safety's sake. Hope you never need it. If it water ever got that high, I sure would be panicking.
Posted By: wickedinhere Re: I am gonna do it again. - 09/10/13 10:19 PM
Thanks, yes we had to go that high because we are close to the river.
I got the grass planted today so hopefully we will get some rain soon and get it started before the cool front start coming our way.
Posted By: wickedinhere Re: I am gonna do it again. - 09/16/13 04:50 PM
We had a big rain Friday so i planted the grass just in time. I am going to check on the pond today maybe its full LOL I wish.
Posted By: wickedinhere Re: I am gonna do it again. - 09/16/13 11:58 PM
Its filling up we have some more rain coming this weekend hopefully the grass will be up soon.
Posted By: wickedinhere Re: I am gonna do it again. - 09/22/13 01:35 AM
We have had a lot of rain in the past few days and i went check it out today and the pond is 2/3 full i couldn't believe how good it looks a few more feet and it will be full.
Posted By: esshup Re: I am gonna do it again. - 09/22/13 03:53 AM
It's looking great!
Posted By: wickedinhere Re: I am gonna do it again. - 09/28/13 05:10 PM
Thanks, the grass is coming up and i just signed an oil and gas lease on the property so that is great news. I also put a deposit on a pole barn 30x50 and we started the plans for our home. Only one problem the land man is up to his old tricks again. The land guy wouldn't return the utility guys phone calls so he called the land guys boss to get him to sign off on the plans for the ROW. The big boss said this is suppose to be underground not overhead and he said he told the land guy that from the get go. I talked to the land guy and he said his boss never told him that so who knows this guy is getting on my nerves. The utility company is coming back out this week to measure again for underground to see what the cost is. They were going to do the over head for free but now i have to pay. It will be all worth it in the end but DANG they are testing my nerves. My next hurdle will be getting the building permit for the pole barn wish me luck.LOL
Posted By: wickedinhere Re: I am gonna do it again. - 10/05/13 01:49 PM
Well we finally got a price on going underground and it wasn't nearly as much as i thought thank god. I am just waiting on them to write it up so we can get it signed and start running the power.
Posted By: esshup Re: I am gonna do it again. - 10/05/13 02:11 PM
I know it's aggravating, but it will be worth it in the end.
Posted By: wickedinhere Re: I am gonna do it again. - 10/06/13 11:59 AM
Yes it will be, i just wish they would get their act together and let each other know what each other is doing. Hopefully this is the end of the ROW problems so we can move on.
Posted By: wickedinhere Re: I am gonna do it again. - 10/07/13 09:44 AM
Well i went hunting yesterday afternoon and checked out the pond and the grass is really taking off.

Posted By: wickedinhere Re: I am gonna do it again. - 10/11/13 11:06 AM
Well we got all the new paper work complete for the underground utilities so hopefully they sign it next week. They will be delivering my pole barn on the 24th so that's good news. I got the permit to build the pole barn and it went pretty smooth imagine that lol. We should have the house plans finished in a week or 2 so that's exciting i am looking forward to moving on my property and drinking coffee on my porch
watching the wildlife.
Posted By: fish n chips Re: I am gonna do it again. - 10/11/13 11:18 AM
That's good news WIH. Will the pole building go on the new pad? Can they build the house on the pad as is, or is there some special process that it has to go thru because of it being "new/piled" dirt?

I noticed in your recent photos that one side of the pond's bank is wet and the other is dry. Is each side wicking up differently?
Posted By: wickedinhere Re: I am gonna do it again. - 10/13/13 04:13 PM
Yes the pole barn and house will be on the same pad the pad is 100 feet wide and 200 feet long. We compacted the pad on each layer as it was being built up and its hard as a rock. I think the bank got more sun then the other side. LOL
Posted By: wickedinhere Re: I am gonna do it again. - 10/16/13 11:37 AM
I got the house plans yesterday.
Posted By: esshup Re: I am gonna do it again. - 10/16/13 01:02 PM
I like the porch, but why such a large roof?
Posted By: wickedinhere Re: I am gonna do it again. - 10/16/13 02:02 PM
We needed a large attic because of all my wife's junk and it's not going in my shop.LOL
Posted By: rockytopper Re: I am gonna do it again. - 10/16/13 06:29 PM
Originally Posted By: wickedinhere
We needed a large attic because of all my wife's junk and it's not going in my shop.LOL


It don't work like that. I built my wife her own shop to keep her out of my man world. It didn't work. She filled hers up and now has over half of mine in her control. Good luck with that lol
Posted By: John Wann Re: I am gonna do it again. - 10/16/13 07:28 PM
Same situation here Rockytopper.
Posted By: WRFinTX Re: I am gonna do it again. - 10/17/13 12:37 AM
Ditto here. Wifes have the innate ability to fill every inch of free space with @$#&. Two attics worth and half of my garage. Maybe I need a second home and put her junk there. Cant live with em'........I forget the rest.
Posted By: wickedinhere Re: I am gonna do it again. - 10/21/13 12:25 PM
I checked on the pond yesterday and the grass is doing really good it should look like a golf course by the end of next summer LOL.

Posted By: wickedinhere Re: I am gonna do it again. - 11/09/13 12:31 PM
I just got word that the ROW has been signed and is on its way back to the land guy. My wife also bought me a new kubota l4600 tractor so its been a good news all the way around! LOL
Posted By: ewest Re: I am gonna do it again. - 11/09/13 01:38 PM
Now that is a good deal ! Let us know how the machine works.
Posted By: esshup Re: I am gonna do it again. - 11/09/13 01:52 PM
2 or 4 wheel drive? What attachments does it have? You'll like it.
Posted By: wickedinhere Re: I am gonna do it again. - 11/09/13 02:51 PM
I had a l2800 years ago when we had our 5 acres and was a great tractor
but wanted one with some more power. I got it with the front end loader with the skid steer quick release and its 4x4 with ag tires i got a 6 foot box blade and the land pride pallet fork attachment. Next year i will get a plow and rotary mower.
pic of pallet attachment.
Posted By: esshup Re: I am gonna do it again. - 11/09/13 03:12 PM
If the hydraulic system is plumbed for it, the best attachment that I've seen (and gotten the most use from) is a front bucket with grapples.

Look at the "debris grapple" at this link.

http://www.deere.com/en_US/docs/non_current/dsfe43184_loader_attachments_v3a.pdf

Yeah, I know it's green and not orange.....
Posted By: wickedinhere Re: I am gonna do it again. - 11/09/13 10:04 PM
Yes it has the power beyond so i can use a grapple. My other kubota i had added one to the bucket and it worked great with a tooth bar. This time since i have the quick release bucket i will get the whole grapple. I agree i used that grapple a lot on my other tractor.
Posted By: wickedinhere Re: I am gonna do it again. - 11/11/13 05:23 PM
Here it is!
Posted By: rockytopper Re: I am gonna do it again. - 11/12/13 06:52 PM
Nice what size is it? Looks like my L4400? Not to big not to small.

Nevermind I just saw it's a L4600 congrats.
Posted By: wickedinhere Re: I am gonna do it again. - 11/12/13 10:47 PM
Yeah is a L4600 just a little upgrade from the L2800 i had.LOL
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