Posted by James22 on November 01, 2007 at 07:29:00 from (207.179.239.171):
In Reply to: Re: easements posted by tiresntracks on October 31, 2007 at 23:12:18:
Since the offsite owner gave permission for the widow to cross the property and you are farming it for her, I don't believe this will stand as a perscriptive right-of-way. However if she had sold the land to the farmer and he continued to use the access without contacting the offsite owner, I believe it would be a valid case. Don't agree with Don-Wi about the issue of being "landlocked". Regardless if the only access is over a creek, it is still not considered landlocked unless water navigation rights prohibit building an access. One just needs to install a bridge or culvert. Still based on what he wrote, I'm so happy not being Don-Wi's neighbor. Bought a piece of ground which had a onerous right-of-way thru the middle, and moved it to the outside. Could only achieve this by buying the piece serviced by the right-of-way. This was intergrated into the transaction with some difficulty, but I considered it a show stopper. Resold the piece which had a small cabin, with a surveyed, relocated right-of-way. Made sure to record the new survey.
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