This is a problem that will not be resolved without a lawyer sitting down and reading the documents. It sounds like you were thinking you had exclusive hunting rights on the entire property and you are now being cut back to 1/10 of the property. Get all your agreement together and take them to a lawyer that can discuss real estate agreements without having to look in a book or a computer.
Ask the lawyer to equip you to be able to negotiate a peaceful settlement with the neighbor, or if that fails, to be able to mount successful litigation.
DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise. When answering questions on AVVO, attorneys are prohibited from directly soliciting business. Don't take this as an indication of lack of interest. Follow my answers to other questions on Twitter @LandLawyer James S. Tupitza 212 West Gay Street West Chester, PA 19380 610-696-2600
It appears your agreement was based on having 5 family passes to 300 acres of their property. Without looking at the agreement, I couldn't say whether or not it was an exclusive agreement. However, it is important to note that there are two aspects to the agreement: 1) Access for you and 4 others to 300 acres; and 2) access to the right of way across your property. When your neighbor reduced the amount of acres to 30, it violated your part of the agreement and may be a material violation of the terms of the contract. As such, under general contract law the wronged party can terminate the contract (ie access to the right of way). Then there's the issue of the right of way by itself. If the original intent was for only your neighbor to use the right of way, then that may be enough to terminate the contract. However, once again without looking at the documents and getting more information, I can't be sure if the contract can be terminated. You need to get a consultation with an attorney, especially since it looks like you haven't been able to resolve this yet.
║ Anthony Gil, Esq. ║ www.thegilgroup.net ║ (215) 840-4704 ║ The answers I provide are not considered legal advice as this forum does not create an attorney client relationship. The short questions in this forum do not allow for full and competent legal advice. I advise you get an attorney in any case where you have contact with the legal system. Feel free to contact me via my website http://www.thegilgroup.net if you would like to have a consultation.
Your rights and remedies will be based largely on what is contained in the written agreement. Without review the agreement it is impossible to give a definitive answer. I would want to review your agreement with your neighbor plus the other lease. An important issue may be whether your initial agreement was ever recorded with the county recorder's office.
I would be happy to discuss with you further.
This response is of a general nature and for information purposes only. You should not rely upon this response without first contacting a qualified attorney who will be able to examine your specific situation. No attorney-client relationship is developed through this exchange. If you would like additional assistance, please do not hesitate to contact me directly at 717-233-1000. You can review my firm more at www.skarlatoszonarich.com.