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It's not adverse possession, but does your jurisdiction not recognize implied easements? Easements don't change ownership of the underlying land, they just est
by GavinMcG 6y ago
It's not adverse possession, but does your jurisdiction not recognize implied easements?
Easements don't change ownership of the underlying land, they just establish a right to use/control the land in a particular way. Road access would (in many jurisdictions) be protected by an easement implied by necessarity (because access is a necessity) or an easement implied by past usage (analogous to adverse possession).
- pmyteh 6y agoIt does, and it's very likely that we'd eventually win in court if it became an issue. But AIUI, we'd need testimony to 20 years of continuous access as of right to our house (not any of the others on the street). As a newcomer, that's not entirely trivial - the people we bought it from were only here 8 years, and I think we'd need to go another two owners back to get the full 20. And in any case the court case (and inevitable buggeration in the lead up to it) would be expensive and unpleasant. Anyway, the building society (mortgage holder) wanted better security than that, so insurance it is.
- 7952 6y agoI wonder if aerial photos would show cars parked and help prove it.