Neighbor Claiming Prescriptive Easement?

[Jstpssng]

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.

Bolt cutters won't work on our gates, they are up inside a piece of pipe. What will work almost as quickly is a power hacksaw; just cut the 1" pin which the lock goes through.
We try to keep first responders with keys to the few gates we maintain but as you say, locks get switched for various reasons.

 

[Drstrangeglove]

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

I have seen some gates that had 10 foot spikes just for those type people. The state dozer might make it through, but they will just drive around it.

 

[ultrarunner]

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.

I have Knox Boxes at work and the utility companies are always having to replace locks they cut…

The Knox Box came from the utility but few trucks carry the key but all have bolt cutters… go figure?

 

[paulsharvey]

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.

 

[paulsharvey]

Read this, and tell me you are 100% sure non of these items could possibly apply to Pinions situation? It reads like the likely case is, this started out as a private easement, and at this point, it is now an Unplatted road or prescriptive easement.

Arguing about right vs wrong doesn't matter, and the neighbors attitude is not part of the discussion. What matters at this point, Pinion has atleast a 1/3rd chance if not higher of loosing an expensive fight.

 

[paulsharvey]

That is Not to say that Pinion might not be able to get some compensation from his title insurance, but that would be hard, as he would need to show an actual damage. Being that, IMO, we had an easement, that has turned into a defacto public road, he had restricted use of the land anyways. I dont think he's going to be able to show loose,

Pinion, I'm not against you, but I really think you could be looking at an expensive, long, loosing fight, that makes an enemy that likes fire. Even if you win, and somehow the court makes the other party pay your legal fees, I think you'll likely have random grass fires.... Do some Long, serious thinking before you go too far. Stop any maintenance activities on that spur road, consider how you can keep people from leaving the spur road and accessing your property,

 

[paulsharvey]

Some quick Google. I'm not saying this applies directly apples to apples with the Ops situation, but

 

[D&D]

Read this, and tell me you are 100% sure non of these items could possibly apply to Pinions situation?

There’s at least 3 (?) other properties with some sort of access to this lane, driveway, dirt road, gravel road, w/e.

 

[paulsharvey]

My only really big question, is If you think it's not meet the 20 year deal, and let's say we are 10-15 years, stopping it from reaching 20 would be great. I just dont think you have a clear cut win. Then the question is, are you willing to spend $6,000 on a 50-50 kinda legal fight? If you are well healed, and $6,000 is not a big deal, OK, but if $6,000 (or more) is a significant amount of money to you, maybe skip the fight.

 

[paulsharvey]

There’s at least 3 (?) other properties with some sort of access to this lane, driveway, dirt road, gravel road, w/e.

Yes, so, I think there is a High chance that a judge would rule that the number of users, the (admittedly by Pinion) general historical uncontrolled access for a Long period of time, and the general public nature of the easement, that this is in fact a road.