I know of many such cases where it went like that. Even when you buy property with a warranty deed - that warranty will have a disclaimer saying it does not cover unrecorded easements. I bet 95% of the public roads in the state of New York became so by unrecorded easements. I checked once for the town of Worcester where I lived for 40 years (Otsego County, NY). 99% of the town highways were by unrecorded easements and privately owned. The town made them public highways via "easement by prescription."
Besides all the legal mumbo-jumbo,there is also the issue of getting an dumb or biased judge who has little regard for the law. If he finds against you for the wrong reasons, can you afford to go to higher court? It is obvious that many judges do not follow the law. If that was not true, the Supreme Court would have nothing to do.
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Today's Featured Article - Tuning Up Your Tractor: Cooling and Fuel Systems, Hoses and Belts - by Curtis Von Fange. Our tractor is coming right along. The old oil and filter has been taken to the recycler and the air filter replacement has breathed new life into our motor. Let's take a closer look, now, at the cooling system since it has to work so hard in the summer heat. Cooling systems can be real cantankerous in their old age. Radiator cores clog up with rust, lime or other mineral deposits and the fins clog up with weed seeds and debris. The metal headers slowly corrode away from years of use and
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