Another interesting WY public access case

[Oak]

“The lawsuit by Frank and Michael Maestri argues that Rozet resident Calvin Ten Braak has been violating the terms of a road easement leading to his property by hunting on public land along the approximately 10-mile-long route. The dispute came to light in June, when Ten Braak was sent a cease-and-desist letter from the Maestris, who had recently purchased thousands of acres of private land that Ten Braak’s easement also cuts through.”

A Wyoming man can legally reach his land, but a lawsuit contends he can't stop to hunt public land along the way. - WyoFile

Campbell County legal case adds to the list of disputes challenging the public’s ability to access and go hunting on public land, access advocates say.

wyofile.com

 

[TOGIE]

just read that a bit ago.

bout spit out my coffee when i read this quote from the individuals saying he can't access the public along the easement:

Frank Maestri, whose family owns Big Horn Spirits and a Mexican tequila distillery, returned WyoFile’s call and said he wanted to make a “short and simple” point.

“I just want to be clear: This is a private land case,” he said. “It has nothing to do with access to public land.”

 

[seeth07]

Actually I think I likely side with the Maesri party and I would agree that it is about private land and the terms of that easement. So many people don't understand what an easement is and it gets abused.

 

[TOGIE]

Actually I think I likely side with the Maesri party and I would agree that it is about private land and the terms of that easement. So many people don't understand what an easement is and it gets abused.

i'd be willing to bet $5,000 if they were using the public lands and just hiking or bird watching there would be no cease and desist letter, no case, no news story.

this is 100% about denying access to public lands you have exclusive access to. big game animals change everything for people.

 

[Dsnow9]

Actually I think I likely side with the Maesri party and I would agree that it is about private land and the terms of that easement. So many people don't understand what an easement is and it gets abused.

I always forget that you’re the expert on everything, thank you for educating us.

 

[seeth07]

i'd be willing to bet $5,000 if they were using the public lands and just hiking or bird watching there would be no cease and desist letter, no case, no news story.

this is 100% about denying access to public lands you have exclusive access to

I don't disagree one bit. Absolutely. However, as the article states: “The Easement shall solely be used for ingress and egress”.

I actually have run across this item twice. Once a few years ago when I was given an opportunity to purchase a really cool piece of landlocked land. When we showed up with my realtor to look at the property, we came across a locked gate where the easement began. When we called to ask for the code (we were unaware there would be a gate) we were told we had to walk from there because the easement to the property is by foot traffic only and for egress to the property only. Sure enough, we found the legal easement document and it was very clear that the agreed easement was foot traffic only. It was a 2 mile walk in so I gave up pursuing it

The second item is regarding the use of a landlocked 20 acre woods just south of my property. The easement goes from the road to the corner of their property but they have a "parking area" about half way. Unfortunately, them parking there sort of interrupts and interferes with my use of the property so I looked into how the legal easement was written and it specifically states that the 20' route is to be used only for access to the property and therefore, using it in any way - such as parking - is not allowed.

 

[Nameless Range]

Interesting. A Working Group I am a member of was asked to submit a comment on a road access approval to a mine claim on BLM property. Basically, the mine owner, within their period of use, can drive a road closed to the public to access their claim. When we asked the BLM whether or not this individual could have a rifle in their truck and hunt on their way in, the response was basically as long as they are utilizing that road to engage in the mining activities permitted, then yes. Fishy, but I admit complicated.

 

[Tmbrgost]

This one I’ll be interesting to see how the judge rules. Hopefully sooner than December 2026.

 

[seeth07]

Does anyone have access to the Campbell county records? I would assume that one of these property recordings has the specific easement details:

 

[Tmbrgost]

Does precedent work in this situation? Since this has been happening for several years before wouldn’t that have some bearing?

 

[seeth07]

i'd be willing to bet $5,000 if they were using the public lands and just hiking or bird watching there would be no cease and desist letter, no case, no news story.

this is 100% about denying access to public lands you have exclusive access to. big game animals change everything for people.

Actually, I see the cease and desist letter came right after the land was bought and transferred ownership. So perhaps this isn't entirely about hunting. Land changing ownership and new owners may have something specific in that easement reading to make such a move

 

[TOGIE]

Actually, I see the cease and desist letter came right after the land was bought and transferred ownership. So perhaps this isn't entirely about hunting. Land changing ownership and new owners may have something specific in that easement reading to make such a move

nah, the new owners just have a recurring prescription to fred eshelmans special boner pills

 

[grizzly63]

I don't think that we have all the information on this one. What does the easement spell out ? Is an outfitter using it for more than the helping vets thing? Does the easement spell out who can use the road?

 

[seeth07]

nah, the new owners just have a recurring prescription to fred eshelmans special boner pills

are you putting a label on these landowners just because or do you have some backing proof?

I just don't like jumping to conclusions on this case without knowing and having the language of the easement. The thread title says "public access" and in the article the subtitle is "challenging the public’s ability to access and go hunting on public land".

This is about two private landowners, not public vs private. Its not like any person can go down the road and access these public parcels.

Take this into consideration: What if Calvin Ten Braak posted here on HT and everywhere else that his property is open to access to the general public and provides a map of his easement to reach the property. Does this easement - which was created in the spirit and logistics of accessing his landlocked private parcel provide access elsewhere in route?

 

[mevertsen]

Easements are interesting. Will be interesting to see how it goes.

I signed an easement so my neighbor could run a power line over my property from the transformer on my property to his property.

The easement is legally binding for that power line only. He cant legally access my property for any other reason.

If the easement is for ingress and egress only... thats what it means to me.

 

[npaden]

I actually have an easement just like this on a much smaller scale on my place in Colorado.

The easement specifically limits the access to the owner of the land locked parcel and only on "ATV or Horseback".

I have trail camera evidence of her allowing other people to go in without her and using vehicles and UTVs. The only time I said anything was when a guy on an ATV was obviously hunting (dressed in orange) and I told her that had to stop.

I probably need to be a jerk and stop her from allowing other people to use the easement or I might end up essentially giving them a prescriptive easement for anyone to be able to use it. It's not a problem now, she uses it about 3 or 4 times a year mostly to get firewood and someone else uses it 2 or 3 times a year (I have a picture of them coming out with a Christmas tree) but if I continue to allow it down the road someone could start making daily trips right up and down the center of my property during hunting season and I couldn't do anything about it. That's the tricky part of the whole thing, being a good neighbor can end up costing you.

It actually does go by a huge chunk (40 acres) of BLM land that is 100% land locked by my property after a recent acquisition I made. I had wondered if she (or someone she was allowing to use it) could legally hunt that 40 acre piece or not.

 

[seeth07]

easement specifically limits the access to the owner

When I was reading the easement for the first scenario I described at the locked gate, it had the same language which made me worry. Did it literally just mean the person that owns the property which would allow me to use the property with my Wife only? Could my brother, dad, buddy, etc. not use it to access my property? What if they are using it with me present? It was another red flag that sent me away from that purchase and I'm guessing everyone else based on how cheap the purchase price was on it.

 

[RowTheBoat]

It’s all in the fine print. I think the judge’s decision will be pretty easy based on what’s actually recorded in the easement. It’s what happens after that decision that could get really interesting legally as far as termination of the easement, amending it, etc based on the judge’s decision. Not sure we have enough info from the article to know without actually reading it.

 

[Rack Daniels]

“The purpose of the Easement is to allow access to the grantees’ property, not public property,” states the cease-and-desist letter,


This alone should make it open and shut. What an absolutely ridiculous and paradoxical statement.

 

[seeth07]

It’s what happens after that decision that could get really interesting legally as far as termination of the easement, amending it, etc

Is it possible for an easement to be changed unless both parties involved came to an agreement? I understand how they are originally created and it is a state law here that it is illegal to sell a parcel without having some sort of legal access to it but not quite sure if there are scenarios where a very old or poorly written legal easement could go about being changed.