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Tractor Talk Discussion Board

Re: update on attempted easement


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Posted by jdemaris on January 22, 2008 at 14:28:56 from (67.142.130.21):

In Reply to: update on attempted easement posted by KEH on January 22, 2008 at 12:10:03:

$2000 money well spent?? Seems like $2000 wasted to me - unless the gardeners are getting reimbursed from the tresspasser.

If the gardners hold title to that property - all they had to do was block it. Once done - they don't need to prove their right to do so - they already own it. Legally, the burden would be on the tresspasser to prove his or her right to remove the blockage and cross someone else's property.

The issue with blocking property is doing so when you're not around to police it. If you blocked a portion of property you own but rarely visit - and then someone removes the blockage while you're elsewhere - then they could attempt to claim an adverse easement. Note - I said "attempt" since there's much more to it. In reality - to be truly adverse - you as the property owner must be aware of it. Adverse easements usually take place when someone goes against the property owner's wishes - openly - and gets away with it - for a long time.


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