Neighbor Claiming Prescriptive Easement?

[quicksandfarmer]

Part of my land is crossed by a private road, that section was part of an old farm that was subdivided into building lots, my previous owner bought two of the building lots that the road crosses and included it in what I bought. What is now the private road used to be the driveway for the farm; it's shown on a map I have of the area from 1695 when the farm was first established.

My deed has a right of way for the private road, which says 10' wide, "as traveled." Fortunately I only have five neighbors and get along with all of them.

 

[Drstrangeglove]

Two things would happen then, your emergency call goes unanswered or your gate gets driven over.

I would be OK with either. Bolt cutters would be faster than a key. Here in Alabama, volunteer firemen aren't the sharpest knife, and the rest would have no problem trespassing.

 

[Jstpssng]

Fully agree.
When we bought 74 acres next to our house in Mississippi it came with an overhead transmission line ROW. Come to find out the locals considered it to be a "shortcut" for their ATV's between 2 roads, cutting off about 100 yards on a 1 mile route. Sometimes late at night.
For a while we just complained. Then I started setting up a little shooting range for "plinking" across the ROW route. Coincidentally traffic declined.
Now for those of you that don't know in Mississippi

So land is automatically no trespassing and posting is not required.

I encountered this very thing a few years ago... The only time that anybody ever intentionally shot at me, although it's the second time I've heard lead bouncing in the trees because some idiot had their target set up on their property line with no backstop.
I was working on a Sunday doing a vegetation survey and as I walked down the power line I noticed the bozo abutter had his range set up with no backstop, pointed out across the R/W.
On the way back I had just passed his line of fire when he started shooting. I was supposed to notify the power line company of things like that but I was working on Sunday to redo work and cover somebody else's butt. I also had my dog which was against their policy, and was supposed to notify them anytime I was on the line but hadn't. Still, that doesn't give him the right to fire "warning shots".
I've had lead fly by me 4 times from careleas shooters but that's the only time it was deliberate.
Maybe some of you don't mind bullets flying over your head but I have never gotten used to it. Use a suitable backstop or keep your guns in the cabinet.

 

[D&D]

I would be OK with either. Bolt cutters would be faster than a key. Here in Alabama, volunteer firemen aren't the sharpest knife, and the rest would have no problem trespassing.

Depends…not every piece of apparatus has bolt cutters

 

[D&D]

I encountered this very thing a few years ago... The only time that anybody ever intentionally shot at me, although it's the second time I've heard lead bouncing in the trees because some idiot had their target set up on their property line with no backstop.
I was working on a Sunday doing a vegetation survey and as I walked down the power line I noticed the bozo abutter had his range set up with no backstop, pointed out across the R/W.
On the way back I had just passed his line of fire when he started shooting. I was supposed to notify the power line company of things like that but I was working on Sunday to redo work and cover somebody else's butt. I also had my dog which was against their policy, and was supposed to notify them anytime I was on the line but hadn't. Still, that doesn't give him the right to fire "warning shots".
I've had lead fly by me 4 times from careleas shooters but that's the only time it was deliberate.
Maybe some of you don't mind bullets flying over your head but I have never gotten used to it. Use a suitable backstop or keep your guns in the cabinet.

I know a guy that has that happen every weekend. He owns 80 acres, the abusive neighbor has 2 with a shooting range and pretty much 0 backstop. Neighbor has been advertising his range to the public for concealed carry classes and full auto fire. It’s not against county ordinance so there is nothing the sheriffs office can do about it. State police issues instructor permits, nothing they can (or won’t?) do about an unsafe range. It’s not under the Dept of Natural Resources purview either.
After almost 3 years of this, the county issued a cease and desist for noise. Neighbor got off on a technicality.
One of the organizers was this guy, the Black Rambo

 

[RjCorazza]

Depends…not every piece of apparatus has bolt cutters

I'm certain that's true in most jurisdictions, but everything from the ambulance to the ladder truck has bolt cutters in my county.
Keys and combos change... Plus keeping keys and numbers on apparatus is unrealistic. The best key solution is a secure KnoxBox with the owners key inside, with one key (in an alarmed slot) on the emergency vehicle.

 

[ning]

I'm certain that's true in most jurisdictions, but everything from the ambulance to the ladder truck has bolt cutters in my county.
Keys and combos change... Plus keeping keys and numbers on apparatus is unrealistic. The best key solution is a secure KnoxBox with the owners key inside, with one key (in an alarmed slot) on the emergency vehicle.

For some reason, there's 36" bolt cutters behind the seat in my truck.
You never know when you'll need them, and when I need them on my land for whatever reason, I know exactly where to find them.

 

[Runner]

For some reason, there's 36" bolt cutters behind the seat in my truck.
You never know when you'll need them, and when I need them on my land for whatever reason, I know exactly where to find them.

The Fire Marshal in my municipality told me his universal key that that shiny metal thing on the front of the truck.

 

[sixdogs]

I xhaven'tbeen in this exact kind of scrap but have witnessed a lot of them up close. best way is to get an attorney that's a pr ck and let them deal with it.

Then sue the other guy if you can and wash your hands of it. You will eventually have to do this but can save time and money if you start first. Be on the offense is how you win.

 

[paulsharvey]

I xhaven'tbeen in this exact kind of scrap but have witnessed a lot of them up close. best way is to get an attorney that's a pr ck and let them deal with it.

Then sue the other guy if you can and wash your hands of it. You will eventually have to do this but can save time and money if you start first. Be on the offense is how you win.

Pinion needs to do leg work, and some thinking before he does that. A lawyer will happily fight a loosing battle on your dime.