Jocco, I doubt there are adverse possession or easements of prescription or easements of necessity going on here but NO WAY anyone here including me knows that absent ALL THE FACTS. HOWEVER to help you, what many lay persons don't understand is IF THE PROPERTY WAS CONVEYED TO YOU IN FEE SIMPLE ABSOLUTE ABSENT ANY RESTRICITVE COVENANTS OR EASEMENTS RUNNING WITH THE LAND NOR ARE THERE ANY PROPERLY RECORDED RESTRICTIONS OR EASEMENTS OR PRIOR RIGHTS OF OTHERS TO USE OF THE LAND, ITS THE OWNERS AND HE CAN PROHIBIT TRESPASSERS (strictly as a matter of law SUBJECT TO things we arent aware of). Furthermore, if the owner received a Warranty Deed versus only a Quitclaim Deed the seller may be liable if there prove to be certain defects in title. That's NOT to say a person couldn't go to Court and prove he has rights and seek a court order and if he prevails THEN the new owner will be forced to comply THAT CAN HAPPEN MIND YOU....
Its now the owners SOLELY for his use and he can restrict all others from it. The thing many don't understand is ITS NOW THE OWNERS PROPERTY AND THE BURDEN OF PROOF IF OTHERS WANT TO ESTABLISH ANY RIGHTS (adverse possession or easement) IS UP TO THEM TO GO TO COURT AND OBTAIN A COURT ORDER THEY HAVE RIGHTS IN THE PROPERTY. The owner doesn't have to prove that and go to Court, its his, the burden of proof and expenses and litigation IS ON THE TRESSPASSERS and that's very expensive and very hard to prove by a preponderance of the evidence in a Court of Law.
Title Insurance Companies often have a "disclaimer" when it comes to readily open and discoverable rights of others in possession which if present imposes upon the new owner a "duty of inquiry" at least. This means if dudes are out there doing all sorts of things the new owner has a duty to stop it and cant let it go for years, otherwise the trespassers can acquire rights !!!!!!!!!!!!!!!!! The new owner might still be able to go back against the seller for warranties.
As a farm and land owner and Attorney who lives in the Country I've got these type of questions and researched and advised on such matters for like twenty years and Trust me ITS VERY HARD AND VERY EXPENSIVE to establish claims of adverse possession but its them, NOT the owner, who has to do it, in the meantime until a Court orders they indeed have rights THEY HAVE NONE as a strict matter of law (subject again to certain exceptions).
ALSO statutory and common law varies State to State as far as what's required to establish rights in another's land, the necessary one time Common Law requirements to establish such require the use be Hostile,,,,,,,,,,,Open,,,,,,,,,,Continuous ,,,,,,,,,,Exclusive,,,,,,,,,,,,,,,,Adverse,,,,,,,,,,and Notorious for the required statutory time period (maybe 10 to 20 years) and there can even be payment of tax requirements.
BOTTOM LINE it doesn't matter what I or someone else did in some state that matters, its ONLY after allllllllllll the facts have been determined and the laws of the state have been thoroughly researched and an adverse possessor goes to court and obtains a court order he has rights the answer is fully obtained. With so much at stake that's why its my professional advice to seek local competent trained professional help and don't hang your hat or risk loosing rights in land based on what myself or anyone here advises.
IN THE MEANTIME my free professional advice would be again signs and gates etc and friendly letters of introduction and intent along with friendly visits to neighbors. I WOULD NOT start out fighting and bitter and bring lawyers in until I tried signs, gates, letters and visits. Then if others want to get lawyers and go to Court and spend a small fortune to prove and establish they have rights in your land SO BE IT hire a lawyer then..........I say try friendly easy simple non combative methods FIRST before going to Court, let the trespassers do that if they insist they have acquired rights in the land lol
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