Darlene Clark remembers going to her Baldwin County property for peace of thoughts. Now, she says she will’t get to it, and it is inflicting her nothing however anxiousness.
Clark, a army widow, says she has been landlocked and never allowed on her property by the adjoining property house owners.
“Earlier than my husband died, he died in ’95, we had been on the market actively,” she remembered. “Winter, Summer season, Spring, it did not matter.”
It doesn’t matter what time of yr, Clark remembers the times of floating down the river whereas her husband fished. These had been the “good ole days.” After he handed, she continued visiting the property to flee the day by day grind.
“I used to take and go on the market to the river and spend the day, and I would take a chair and somewhat cooler with some beers in it, and I would sit out in the course of the river and simply sunbathe and swim,” she stated. “That is why it was my little piece of heaven. I at all times referred to as it that.
The couple purchased the 5 acres off Freeway 87 in 1988. For 20 years, she was allowed an easement and had two roadways to get to their land. However on October 13, 2021, that each one modified.
“Once I went over there to go to my property, there was a ditch throughout the street,” Clark stated. “I believed, ‘What on earth is happening?”
“I had no clue,” she added.
Since that point, Clark has tried to get entry to her property from the brand new house owners of the related land. She stated she’s been on incapacity since 2007 and doesn’t get army survivor advantages, so the property was her solely funding.
Belle Fountain LLC has now constructed Grand River Motorsports Park, an off-road park subsequent to her property.
Clark stated a park investor and registered organizer of Belle Fountain Land Firm provided to purchase the property however backed out as a result of he stated it was in a floodplain.
The entire ordeal has Clark cautious of individuals.
“I used to be introduced up believing in God and all the things and never believing there have been evil folks on the market on the earth,” Clark stated. “Effectively, you understand what, there are evil folks on the market on the earth.”
“They’ve minimize a river street by means of my property,” she claimed. “So, think about you are an ATV rider. How cool wouldn’t it be to trip alongside a river within the woods?”
“I blocked it, however for over a yr and a half now, they have been open, taking cash from folks, making a living, and now it is pissed me off as a result of it ain’t proper,” she stated.
Belle Fountain’s legal professional, Thomas Pilcher with Pilcher & Grissom, advised 1819 Information that his shoppers confirmed with a survey that the Grand River Motorsports Park roads weren’t on Clark’s property.
Nonetheless, Clark is taking the difficulty to court docket. There’s a trial set for October 31.
“I am not going to have the ability to do something with my property,” she stated. “I need them to pay me for my property. I need them to pay me for all the times I’ve sat right here and cried about this; For the instances I’ve gone on the market and never been capable of entry my property.”
Belle Fountain received a earlier case by one other landowner. Two different property house owners at the moment are in court docket to find out how a lot they must pay for an easement by means of the Belle Fountain property.
PigFarm Gun Vary needed to shut in 2023 as a result of a decide dominated the property proprietor couldn’t have entry to the property through land owned by Belle Fountain Land Firm. The gun vary proprietor, Shane Bailey, leased the property from the landowner. Whereas the decide dominated there was one other method to get to the gun vary property, Bailey stated Styx River made it not possible to entry.
In a court docket submitting, Belle Fountain Land Firm denied accountability for reduction in Clark’s case and stated there’s ample entry to the plaintiff’s property by different means. Attorneys stated the swimsuit is frivolous, and they’re asking the decide to rule in opposition to the plaintiff for court docket prices and legal professional’s charges.
Pilcher believes Clark will ultimately be granted an easement, however he says she should pay for it.
There are a number of methods to realize an easement. Pilcher defined a few of these choices are hostile possession and implied easement. Opposed possession is when somebody has been utilizing property for therefore lengthy that they grow to be the proprietor. Implied easement is a non-written settlement that always arises out of necessity for landlocked property house owners.
Pilcher stated Clark doesn’t meet these parts. Nonetheless, he stated she needs to be allowed entry to her property by buying an easement.
Whereas Clark is grateful for the recollections made on the property, she stated the funding she and her husband made is now doubtful.
“My husband, who I adored and he adored me, once we discovered that property we walked by means of these woods,” Clark stated. “We camped. We fished and simply loved it for simply what it was.”
“Easy nature, my little piece of heaven,” she continued. “We had talked about, there’s one spot on the market, a flat half we wish to put up a cabin on. However he did not stay lengthy sufficient.”
To attach with the creator of this story or to remark, e mail erica.thomas@1819news.com.
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