I know of many such cases where it went like that. Even when you buy property with a warranty deed - that warranty will have a disclaimer saying it does not cover unrecorded easements. I bet 95% of the public roads in the state of New York became so by unrecorded easements. I checked once for the town of Worcester where I lived for 40 years (Otsego County, NY). 99% of the town highways were by unrecorded easements and privately owned. The town made them public highways via "easement by prescription."
Besides all the legal mumbo-jumbo,there is also the issue of getting an dumb or biased judge who has little regard for the law. If he finds against you for the wrong reasons, can you afford to go to higher court? It is obvious that many judges do not follow the law. If that was not true, the Supreme Court would have nothing to do.
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Today's Featured Article - An Old-Time Tractor Demonstration - by Kim Pratt. Sam was born in rural Kansas in 1926. His dad was a hard-working farmer and the children worked hard everyday to help ends meet. In the rural area he grew up in, the highlight of the week was Saturday when many people took a break from their work to go to town. It was on one such Saturday in the early 1940's when Sam was 16 years old that he ended up in Dennison, Kansas to watch a demonstration of a new tractor being put on by a local dealer. It was an Allis-Chalmers tractor dealership,
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