Squatter's Rights

[jmc]

I think a business law class in high school mentioned something to the effect that if you allow someone access to or thru your property for long enough, then you can't stop them or others when you change your mind. Here's what I'm concerned about:

The 80 acres next to me are divided by a ravine that runs the entire width of their property. Call it the front 40 by the road, where the house and all the farm buildings are, and the back 40 near me, with just a cabin on it. The owners have retired from milking and are renting the front 40 and buildings out, with an option to buy. Part of that agreement reserves lifetime use of that cabin for the current owners. They still run about 8 cows for some reason, probably just pets.

We're been friendly for 20 years. Occasionally, when they had older friends visit or guests who were afraid of cattle, they would ask to access the cabin by using my 5/8 mile driveway, drive accross my field, then another 1/4 mile or so on their property. Otherwise, they walked back there from their farm buildings. Eventually, I told them use my access to their property without asking, figuring it would continue to be infrequent.

Well, since they're older now too, they come and go all the time thru my place, even bringing hay in for their cattle, one small pickup truck at a time. The path thru my property is now pretty well trampled but that's ok for someone I like. My concern is, if the renter buys the whole farm, can he claim that since I provided frequent access for so long a time, that the access applies to him as well?

(Yeah, I know, get a lawyer.) I probably will, depending on what others think about the situation. It shouldn't cost me when I'm just doing someone else a favor. I could ask them to have something drawn up legally at their expense but that's a little awkward, from a neighborly standpoint. Anybody else run into a similar situation?

 

[murphy1244]

no, don't worry about it.

 

[jinman]

I don't think you need to get a lawyer. You gave permission for occasional use and now the traffic has increased and become regular. Without going into the pros and cons of ever giving access, I'd say that asking you for a path around cattle on their own land is rather bold and presumptuous on their part. As a minimum, I'd put up a sign that said, "Private Property. Enter or cross at your own risk. No rights are implied, present or future." You can easily get that sign created by a quick sign place for around $50 on heavy aluminum. Discuss what you are doing with the owner. Tell them that the traffic has increased beyond your original intention and you'd prefer that they find a path across their own property. Simply say that it was done as a favor to them for convenience; however, the current traffic load is making it inconvenient for you. Explain that you want them to find a path on their own property and that your sign is a temporary measure before closing the access. Allowing them time to come up with a solution on their own property is far better than just closing the access. It they are reasonable people, they will understand and abide by your wishes without loss of friendship.

Understand that this is just what I'd do. It has no legal basis and I'm not a lawyer. I didn't even sleep in a Holiday Inn Express last night or ever.

 

[ovrszd]

I don't think you have anything to worry about. You are under no obligation to continue to allow this crossing to anyone.

With that said, I understand longterm neighboring. I had the same neighbors for 35 years. They have both died now and their grandaughter and her family live there now. First thing my wife and I did was take them a welcome to the neighborhood pie. Had a nice visit with them and casually talked about our relationship with their grandparents and how we often traded help. Sort of informally laid out the ground rules. We get along great with no false expectations or "rights". As soon as you have new neighbors I'd suggest something similar. In the electronic world we live in now common communication and social skills are overlooked. Hope it all works out for you. I understand your anxiety.

 

[milkman636]

You basically have granted them an implied easement to your property already. You are smart to want to define it now before it becomes an issue. If you leave it open ended it does have the possibility of biting you later. A lawyer would be a good option, he could draft an agreement between you and them that would limit their rights to aceesing the property for a certian period of time for limited purposes.

If you want to avoid a lawyer you might just discuss your concerns directly with the neighbors. I think you could simply draw up a letter of understanding between you and them. It should name all parties specifically by name and state that you are granting them specifically the right to cross your land for a defined period of time, say five years, for the specific purpose of accessing their cabin. Then have all parties sign it in front of a notary public. This would limit the rights you are granting to specific persons you are allowing for a defined period of time. Having it notarized would prove in court that it was a witnessed covenant between you and them that expired at the agreed upon time. A lawyer might even suggest having the easement recorded with the county. Personally I would talk to one on this.

 

[smstonypoint]

Like Jim, I'm not a lawyer. However, I have watched every episode of Rumpole of the Bailey.

I think the issue involves the possibility of a "prescriptive easement." I'm admittedly **** about such matters, so I would run it by a lawyer if I was in your shoes.

Steve

 

[TCJatko]

It's called "adverse posession". Generally speaking, if someone occupies your property openly, with your knowledge, for a statutory period ( varies by state, here in New Hampshire it's 20 years) then they may be able to claim title to that portion of the property through legal action. There is also an old saying that "permissive use can never ripen into adverse posession". All this being said, get some legal advice locally.

 

[brin]

I am not a lawyer but have dealt with land and acreage, buying and selling for many years....In my opinion you have granted the couple a license to use that portion of your property to access their property...that license can be cancelled by you simply telling them to stop or installing a gate. I hope this helps you.

" Licenses

A license, unlike an easement, is having the permission of the owner葉he licensor葉o enter his land for a specific purpose. Unlike an easement, the license can be rescinded at any time. A license will also terminate upon the death of either the licensee or the licensor, or if the licensor sells the land. Hence, although a license is similar to an easement, a license is not actually an encumbrance on the real estate and does not transfer with the title. "

Real Estate Encumbrances: Liens, Deed Restrictions, Easements, and Encroachments

 

[2LaneCruzer]

As a general consideration, for them to take by adverse possession, they have to claim that the right is theirs by openly claiming that right...in other words, they have to claim it is theirs and act like it is theirs before the whole world, including you. I suggest you contact a lawyer versed in property law and get this straightened out; else someone might actually claim that they have a legal easement, thus clouding your title. There is also a legal concept called "estoppel", which basically means that you have let me use this to my detriment for so long that you can no longer claim otherwise. These laws can and do vary from state to state, and they can be quite different.

 

[TripleR]

Here is something that "might" apply:What Is an Implied Easement?

I do, however agree it is may be best to consult an attorney in your area, there are some on TBN, but as mentioned different laws may apply in different states.

I realize the cat is out of the bag in your situation, but having run into problems in the past, I don't let anyone use our land on an ongoing basis and only rarely otherwise.