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Prescriptive easement law in missouri
Anonymous4 views1 answers
You clearly need a lawyer.What I think you are saying is this: There is an access easement through your property, either by deed or prescription, to access the property behind you. The people behind you also have a second access which the county is fixing up. You want to close off the one that goes through you since they really don't need it.
You need to know how the access way or road was created. If there is a reference to it in a deed, there is not much you can do. IF it is claimed by prescription (adverse possession) you must look at all the elements of adverse possession to see if they really have a prescriptive easement, IF any of the use was permissive, the element of hostility is not met. You may be able to knock the access road out with a sharp lawyer. Also, remember, easements by prescription, unlike easements by deed, can be relocated by the servient tenament (you).
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.
You clearly need a lawyer.What I think you are saying is this: There is an access easement through your property, either by deed or prescription, to access the property behind you. The people behind you also have a second access which the county is fixing up. You want to close off the one that goes through you since they really don't need it.
You need to know how the access way or road was created. If there is a reference to it in a deed, there is not much you can do. IF it is claimed by prescription (adverse possession) you must look at all the elements of adverse possession to see if they really have a prescriptive easement, IF any of the use was permissive, the element of hostility is not met. You may be able to knock the access road out with a sharp lawyer. Also, remember, easements by prescription, unlike easements by deed, can be relocated by the servient tenament (you).
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.