Tim, wow were really getting them today... First of all (as I know youre already aware) just because some neighbors say you have this right dont amount to a hill of beans and likewise my professional opinion or any lay opinions here are WORTHLESS absent a thorough review of your states laws and then ascertaining the facts AND STILL IT'S JUST AN ATTORNEYS OPINION, ALBEIT AN EDUCATED PROFESSIONAL ONE. You nor myself nor anyone here gets to decide this matter (regardless if our opinions are excellent and professional or totally incompetent), its a legal question that a Court of competent jurisdiction must settle......
Sooooooo that being said (lawyers love disclaimers lol) I will say this...
In some jurisdictions (Wisconsin ???) it may be more difficult for a Court to grant you an easement by prescription ESPECIALLY if theres an alternative access, even if not quite as convenient..... A Judge just may not be so eager to rule yes you can legally cross over the neighbors land if theres another way to get to yours NOTE Im NOT saying thats necessarily the law Im ONLY saying a Judge may take that into consideration, and even if if he is legally wrong in his decision as a matter of law, you still would have the expense of an appeal........
It's indeed ture one can acquire over time the right to use anothers land as access to his own PROVIDED YOU MEET SEVERAL CONDITIONS such as the time you use it and if its similar to Adverse Possession as far as the use being Hostile Open Adverse Continuous Exclusive etc etc etc. AND EVEN THEN A COURT WILL HAVE TO DECIDE THAT AND THE BURDEN OF PROOF IS ON YOUUUUU......Just because and even if you used it 50 years dont necessarily mean a Court will rule you may continue to do so HOWEVER if you meet all the requirements concerning an Easement by Prescription theres a good chance you may prevail but it can be a time consuming and expensive proposition........
Heres what many not trained in law may not understand.............Easements by Prescription and Adverse Possession are not so much to REWARD the squatter but to punish and force the landowners to be diligent and NOT sit on their lazy a$$eS for 10 to 20 years AND DO NOTHING but then cry to the Courts for help
If one has no access to his land he may bring an action for an easement by necessity BUT THATS A WHOLE DIFFERENT LEGAL ISSUE and not very available if you have another even not so convenient means of ingress and egress
NOWWWWWWWW I can give still you some free professional legal advice (cost nothing as thats its worth absent research even if educated) even without knowing your states laws or all the facts...
It serves to strenghten and build your case if you continue to use the easement and do it open and maintain it and keep good records and evidence and photos etc etc........HOWEVER it can still be quite an expensive time cousuming Court fight if you ever go down that road (pun intended)
So long as you keep using it and the owner dont do anything, you can have your cake and eat it too, you have the use plus theres no legal fees IF IT AITN BROKE DONT FIX IT and as time goes by and you keep using it your case for a prescriptive easement only grows stronger..
NOWWWWWW if the day ever comes the neighbor jumps out of the woodwork and says keep OUT you sure have no instant right to use force to continue crossing his land (self help) unless and until a Court resolves the dispute and at such time you have to make a decision to walk or fight it in Court and the burden is yours remember by a preponderance of the evidence.
Soooooooooooo the risk is yours regarding the maintenance expenses and youre treading on this ice somewhat but if you can just keep using it I wouldnt start any feuds and stay under the radar because the time may come when you have to bring legal action to keep up the use or walk away BUT THE LONGER THE BETTER
Another alternative is to approach the neighbor as a friend and just offer to purchase an easement (have the deed with legal description recorded DUH) and be done with it which will be wayyyyyyyyyyyyy cheaper then a Court action THINK ABOUT .......thats my other (and perhaps the best) free legal advice.......
Best wishes and God Bless
AGAIN CONSULT LOCAL COUNSEL FAMILIAR WITH YOUR STATES REAL ESTATE LAW AND DONT HANG YOUR HAT ON MUCH SAID HERE
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