Neighbor Claiming Prescriptive Easement?

[D&D]

Without seeing his deed and the adjoining, no telling for sure. Could be a dedicated 50+ ROW.

 

[ultrarunner]

All.of this talk about locks and fire department, kinda leads me to believe there is general access allowed...

If this was truly private access, there wouldn't be an obligation to provide the fire marshal with a key.

Here property owners provide Knox Box or keys with the idea of avoiding property damage... it's an accepted practice and highly encouraged during the mandatory annual Fire Inspection of the property.

 

[Shenandoah MF1760]

Adverse possession is very similar to an Easement by Prescription...

I recently bought some property where the fence which borders the neighbor (the rest of the property is road frontage) is off at one corner by almost 50' wedging down to the other corner where it meets the survey marker.

This was a court-ordered sale and the lawyer representing the sale suggested I apply for adverse possession as the fence had been that way for over 20 years.

Here (Texas) adverse possession would give me ownership of that strip of land, not just the right to use, and would be recorded in the county as such.

Now, I knew about this going into the purchase and have no desire to take advantage of someone.

I've since met that neighbor, he's a fellow Navy vet, and I don't have a problem with him. I've even offered to buy that strip of land at fair market value. He had originally sold the land I bought to the previous owners who were difficult at best. He's in no hurry to make a decision and moving the fence would be a major PITA as it shoots straight through the woods and brush, so things will stay as they have.

 

[paulsharvey]

Here property owners provide Knox Box or keys with the idea of avoiding property damage... it's an accepted practice and highly encouraged during the mandatory annual Fire Inspection of the property.

I know you live in another world, but "Mandatory annual fire Inspection" on residential property? Is that really a thing out there? Sure, we have fire final inspections on commercial new construction, and recertification at certain periods for fire apparatus (sprinkler systems) on certain commercial buildings, but nothing like that for residential

 

[ultrarunner]

Residential parcel inspection...

Some neighboring property owners have encroached with fences on my family land and 25 years ago it was so out of control dad sold the land to the city...

Annual pivate parcel inspection Includes everything visible...

At one time the inspectors would ask to enter to inspect fire places and stoves but push back stopped that unless a rental which falls under business property inspection as a city business license required to rent a room or abode.

Inspectors use binoculars, periscopes and drones...

Neatly stacked fire wood, leaves or needles on the roof, non regulation house number, vegetation within 5' of foundation, trees not limbed up, outside storage, etc...

I was cited for not maintaining utility easement and replied it's the utility that needs to maintain but inspector said it's ultimately on the property owner and the city has no funds to maintain all it's easements.

So I got a D3 dozer and cleared it and then had issue for clearing the easement with the soil conservation folks...

Ideally I should hire goats to graze each year or alternatively use battery powered brush trimmers... gas outlawed due to global warming...

 

[paulsharvey]

Dang Ultra, that's crazy. Sure, our property appraiser can come look for undocumented improvements (to raise your taxes) at anytime, and is required to make a visit once per 7 years; but nobody is checking your firewood or if you keep the brush away or check a fence/fire place, anything like that, and FLa Not one of the lowest regulation states.

I think FLa probably falls into the "healthy" blend of gov regulation and wild west. It amazes me we Eddie and others mention no building permits in Tex outside city limits.

 

[ultrarunner]

Dang Ultra, that's crazy. Sure, our property appraiser can come look for undocumented improvements (to raise your taxes) at anytime, and is required to make a visit once per 7 years; but nobody is checking your firewood or if you keep the brush away or check a fence/fire place, anything like that, and FLa Not one of the lowest regulation states.

I think FLa probably falls into the "healthy" blend of gov regulation and wild west. It amazes me we Eddie and others mention no building permits in Tex outside city limits.

It was not always like this but each year seems to pile on more regs…

I’ve been to city mandatory rental inspections and seen owners get cited because tenant refused entry to city inspector…

Inspectors check all outlets, plumbing, open under sink cabinets and closets plus look for wobbly fence posts, worn shingles, damage to eves and gutters, locks, windows, smoke and C/O detectors, furnace filters, water heater straps, PTR valves, loose toilets, stove burners, garage door springs with safety wire, etc…

One tenant in a single family home had to breakdown her Kingsize bed and move it away from the window as inspector said the headboard blocked fire egress.

 

[DarkBlack]

Residential parcel inspection...

Some neighboring property owners have encroached with fences on my family land and 25 years ago it was so out of control dad sold the land to the city...

Annual pivate parcel inspection Includes everything visible...

At one time the inspectors would ask to enter to inspect fire places and stoves but push back stopped that unless a rental which falls under business property inspection as a city business license required to rent a room or abode.

Inspectors use binoculars, periscopes and drones...

Neatly stacked fire wood, leaves or needles on the roof, non regulation house number, vegetation within 5' of foundation, trees not limbed up, outside storage, etc...

I was cited for not maintaining utility easement and replied it's the utility that needs to maintain but inspector said it's ultimately on the property owner and the city has no funds to maintain all it's easements.

So I got a D3 dozer and cleared it and then had issue for clearing the easement with the soil conservation folks...

Ideally I should hire goats to graze each year or alternatively use battery powered brush trimmers... gas outlawed due to global warming...

Tyranny

 

[Jstpssng]

^^^^
It's hard for those of us on this side of the continent to fathom the fire hazards you guys deal with. My brother spent 20 years living in Arizona... when he moved back, any branch of shrubs he cut had to go to the town brush pile.
Meanwhile when I cut a tree, the brush went down into the middle of the 30 acres, just as it's been for the last 4 generations. He's been back for 7 years and is finally starting to realize we don't have the fire issues which he had grown accustomed to.

 

[ultrarunner]

It is so hard and costly to remove a tree here that many decide to let nature takes it course…

My problem is I’m old enough to remember simpler times and have come to the realization moving only delays the eventual impact…

 

[ericm979]

I know you live in another world, but "Mandatory annual fire Inspection" on residential property? Is that really a thing out there?

It's not in my part of California even though I'm technically in the SF bay area. I'm not in a city though. I've had the state fire people come by twice. The state people came up, glanced around from the driveway and said "looks fine, maybe clear a bit more over there". It was extremely casual. County fire's never been up.

My gate has a keyed fire dept switch they can use to open the gate. I don't know if it's county fire or state who has keys. Hopefully both. If there a fire or medical emergency I want them to have ready access.

 

[ericm979]

It is so hard and costly to remove a tree here that many decide to let nature takes it course…

If you weren't in a city it would be very different. I can do pretty much whatever I want to the vegetation on my land unless I want to sell logs. Then I need a logging (or firewood selling) permit.

 

[ultrarunner]

If you weren't in a city it would be very different. I can do pretty much whatever I want to the vegetation on my land unless I want to sell logs. Then I need a logging (or firewood selling) permit.

I wish I could move the city limit boundary so I would be county... I have no sidewalks, street lights, city maintained drainage, etc... dome neighbors have horses so very much like county.

County taxes significant less and much more freedom than city...

The change began impacting around 1980...

City announced this week laying off 10 percent of the police force and closing fire stations, etc...

Thing is voters approved extra taxes specifically for police and fire but matters not when projected shortfall in excess of 100 million.

City said one bright spot is enhanced revenue from enforcement... go figure?

 

[In.the.Piñons]

Thanks for the additional reply's everyone. I haven't checked in on this thread for a bit as things got busy at the ranch leading up to Thanks Giving.

To address some of the points made.

Yes, there is no way to block off this guy without blocking off the other people who do have easement rights. I wish it were that simple!

My driveway is not a public road, the county even has a sign stating that it's a private drive. I have that part of my property surveyed and I've also talked at length with the county surveyor about who has what easement rights to said drive.

Re-guarding easements... they were on the top of my list of things I didn't want when buying land. It was pretty much non negotiable.... but as they say, never say never. The wife found a place that was simply too good to pass up. A once in a life time opportunity. I still can't fathom how lucky we were to get this place! The only real downside was the easement. But the easement comes with a long list of restrictions for the three neighbors down stream from us. For example they can't run a business, they can't subdivide their land, they can't park on the easement, they can't do anything on their property that's considered a nuisance etc. The drive is for ingress and egress only. Even though we are part of the same subdivision, our place is not subject to any restrictions (unusual I know). Also due to the way the covenants are written, we have the controlling vote over maintenance. So anyway, as far as easements go, we have a pretty good one, that doesn't impact us much provided people follow the subdivision rules (which they are legally obligated to do).

However the "secondary access" guy is not part of the subdivision so none of this applies to him. Anyway, I haven't seen him in my cameras. I'll keep an eye on it. Our plans have always been to put up a nice arbor and a electronic gate at the entrance to our property.
I obviously won't be giving him access, but one of the other neighbors might give him the pin number. I honestly don't know how they feel about him using their private property for his secondary access. So for now I think we'll just wait until we can block his access and see what happens from there.

I appreciate the legal advice and council regarding whether it's even worth it or not. He's an old guy so giving him permission might indeed be the way to go. It doesn't sit right, and we do have the funds to hire lawyers, but honestly that's not my style unless push comes to shove.

Once again, thanks for all the help and wonderful advice.

 

[bcp]

He's an old guy so giving him permission might indeed be the way to go.

Lifetime permission, not transferable.

Bruce