A couple of things come to mind here. First off My wife and I are in the middle of an ugly adverse possession suit with our neighbors and it’s a damned expensive way of saying I told you so. Second, I believe the issue you are dealing with is called a prescriptive easement.
The Free Dictionary by Farlex defines a: PRESCIPTIVE EASEMENT n. an easement upon another's real property acquired by continued use without permission of the owner for a period provided by state law to establish the easement. The problems with prescriptive easements are that they do not show up on title reports, and the exact location and/or use of the easement is not always clear and occasionally moves by practice or erosion. (See: prescription, easement)
If I read your description correctly, you heard a rumor that your new neighbor may want to keep you from crossing his pasture. As stated by somebody else I’d go to the neighbor hat in hand and see what develops in a conversation about say the way hay grows in that field or if maybe how he might like to kick something in to maintaining the road which you have generously been keeping up over the last umpteen years. You will know soon enough if he wants to close and lock the gate so to speak. At that point you may want to decide whether you want to spend $1000s of bucks on a nasty fight over an easement and whether the shortcut is worth a rift in the neighborhood.
Maybe the new neighbor is easy to do business with and you can work out some kind of win-win trade where you get an easement written into his deed and he gets you to mow his hay free for 5 years. Unless he agrees to voluntarily amend his deed to show the easement you hope for, it could get nasty and expensive. The only ones who benefit then are the $350 per hour lawyers and you might loose.
I am in Texas, which has very strict rules defining what constitutes adverse possession. They have a thing called a "casual fence", which is any fence which you can't personally get a witness to swear to it that they built it and what for. It doesn't matter how long it's been there. And if the only use of the land claimed as possessed was cattle grazing on perennial grasses it won't fly either. These rich Texans love the court system here.
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - Restoration Story: Fordson Major - by Anthony West. George bought his Fordson Major from a an implement sale about 18 years ago for £200.00 (UK). There is no known history regarding its origins or what service it had done, but the following work was undertaken alone to bring it up to show standard. From the engine number, it was found that this Major was produced late 1946. It was almost complete but had various parts that would definitely need replacing.
... [Read Article]
Latest Ad:
1964 I-H 140 tractor with cultivators and sidedresser. Starts and runs good. Asking 2650. CALL RON AT 502-319-1952
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.
