Rich, are there any law schools or law clinics or legal service organizations (LSO) anywhere near where you live?? You may be able to get some free legal help if there are.
The legal doctrine on your side is called AN EASEMENT BY PRESCRIPTION which can be valid even if there never was any deeded easement. Its similar to Adverse Posession in that if you have used anothers land for purposes of ingress and egrees (to your land) for a certain statutory period and the use was hostile, open, continuous, adverse and notorious and the other land owner or their predecessors (called tacking) allowed it, THEY MAY AS A MATTER OF LAW NOW BE BARRED FROM STOPPING YOU.... Also if you are land locked BUT FOR that particul0ar ingress and egress route, the law protects you to an even greater extent "AN EASEMENT OF NECESSITY"
Strategically, you need to put the burden of persuasion and the burden of going forward ON THE NEIGHBOR if he wants to prevent you from doing what you have been doing for years, its his problem and his burden to stop you. HOWEVER the law does NOT favor you if you are committing excess waste on his property or are using it in excess of your actual needs for ordinary ingress and egress i.e you are damaging it to a greater then necessary extent or are converting from personal to more commercial or heavy duty (truck) useage
My best free professional legal advice is to at least consult a local attorney (LSO if possible) who specializes in land use and real estate and heed his advice NOT anything offered here including myself.
Maybe Mike or Dean who are more current in real estate practice (Im pretty well retired and rusty mind you) can better advise you, if so go with their advice over mine
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Today's Featured Article - The Nuts and Bolts of Fasteners - Part 2 - by Curtis Von Fange. In our previous article we discussed capscrews, bolts, and nuts along with their relative hardness and thread sizes. In this segment we will finish up on our fasteners and then work with ways to keep them from loosening up in the field. Capscrews, bolts and nuts are not the only means of holding two parts together. When dealing with thinner metals like sheet tin, a long bolt and
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