Posted by tiresntracks on October 31, 2007 at 23:12:18 from (76.231.248.174):
In Reply to: easements posted by Lee in Iowa on October 31, 2007 at 21:27:32:
A friend of mine just went through the same thing. You have what is called a perscriptive right of way. You only have to use the right of way once a year for five years to claim a perscriptive right of way. The property owner will have to take you to court to get you to stop crossing his property and he will most likely lose if you have pictures and witnesses to prove that you've been doing it for at least five years. Do not let him give you a key to his gate or any other kind of permission to cross his land. If he gives you permission, he can revoke it at any time. Claim your right of way by cutting the lock off the gate or removing anything else he puts in your way, but never ask permission. The best advice was in the last reply, find the best real estate lawyer in town and ask his advice.
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