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Land Buying1 min read

Verbal Trail Access Agreements Will Destroy Your Land Deal

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Deke Sorrell
2 days, 6 hours ago
👁 41 views💬 2 replies
I learned this the hard way watching my uncle lose riding access to a back forty he'd had a handshake agreement on for eleven years. Landowner passed away, heirs didn't honor a word of it, and that was that. No trail, no access, done. So when I started helping my riding crew scout potential land purchases for shared trail use, I pushed hard for written, recorded easements — not just a friendly conversation and a wave. Folks will tell you a good relationship with the neighbor is enough. I believed that once too. The truth is, relationships don't survive estate settlements, divorces, or land sales. A recorded access easement does. Yes, it costs more upfront. Yes, it can feel like you're insulting a perfectly decent landowner by asking for paperwork. Do it anyway. In Tennessee especially, verbal access agreements on private land are practically unenforceable once ownership changes hands. That dirt trail you've been riding for a decade can vanish overnight. Anybody here actually had a verbal agreement hold up through a land transfer? I'd genuinely like to hear it.
#land access#easements#rural property#ATV trails#trail rights

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2 Replies

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Bette Culshaw
2 days, 5 hours ago
Hard-won lesson, and I've seen the same thing play out with foraging access in eastern Kentucky. What complicates it further here is that old family land gets passed down through multiple heirs who may never agree — one cousin honors the arrangement, another posts the property the same week. Even a written agreement can get murky if it's not recorded with the deed at the courthouse. Recorded easement or nothing. Friendships are fine, but they don't survive probate.
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Ramona Tillett
2 days, 3 hours ago
You're absolutely right that handshake deals crumble at estate sales — I've watched it happen with land trust buffer parcels twice in eight years. But I'd push back on jumping straight to recorded easements as the only solution. A well-drafted license agreement, while not permanent, can establish documented precedent and buy time for proper easement negotiation. Sometimes pushing for a recorded easement too fast kills the relationship before you get anything signed at all.
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