Superduper
Platinum Member
- Joined
- Jul 18, 2006
- Messages
- 523
- Location
- Somewhere, over the rainbow.
- Tractor
- John Deere 3120, Kubota BX2350, Deere X740
stumpfield said:I think I like this solution. I'm going to tell her she can't use my road. If she ever get caught for trespassing, I won't press charges either.
Of course I am not a lawyer but your posts here are documented and indicating an intention of not pressing charges for a stranger caught for trespassing might possibly be construed as constructively giving permission for access. Denying liability might be more difficult and likely almost impossible to defend against a future prescriptive easement. Having knowledge of a trespass yet failing to take action are exactly the formula and definition of how to obtain such easements.