3 ms·
That's incorrect! Routine use of a path over your property over a large amount of time is a classic case where a public easement is created without the owner's
by cjensen 9y ago
That's incorrect! Routine use of a path over your property over a large amount of time is a classic case where a public easement is created without the owner's consent. See "Prescriptive Easements"[1]. You absolutely will be required to re-open the path.
[1] http://www.nolo.com/legal-encyclopedia/easements-overview.html http://www.nolo.com/legal-encyclopedia/easements-overview.ht...
- URSpider94 9y agoPlease re-read my comment. I think we are in agreement... I said you, the property owner, would lose (as in, you would have to re-instate access).
- astolarz 9y agoThere was a post on /r/legaladvice where someone's neighbor sold a plot of land, causing them to effectively be landlocked, but there was a road through OP's land connected to the seller's property with a locked gate to which the seller was demanding access. Basically everyone was telling OP not to allow the seller access, even once, as that would set a precedent. Original post: https://www.reddit.com/r/legaladvice/comments/2o3g9g/neighbors_stupidly_caused_themselves_to_be/ https://www.reddit.com/r/legaladvice/comments/2o3g9g/neighbo... First update: https://www.reddit.com/r/legaladvice/comments/2ooy1x/update_my_neighbors_caused_themselves_to_be/ https://www.reddit.com/r/legaladvice/comments/2ooy1x/update_... Final update: https://www.reddit.com/r/legaladvice/comments/4dci57/update_my_neighbors_caused_themselves_to_be/ https://www.reddit.com/r/legaladvice/comments/4dci57/update_...
- SwellJoe 9y agoWhile this thread has been hopelessly destroyed by hyperliner's trolling, I stubbornly kept reading all the replies...and I'm so glad I did. I was raging reading this /r/legaladvice saga. That's just an incredibly great story about a chunk of land. Thanks for linking to it!