Posted by RonGrzywacz on June 23, 2011 at 08:31:29 from (71.224.167.111):
In Reply to: Re: Right of Way - gate - posted by John T Country Lawyer on June 23, 2011 at 07:40:20:
Thanks, for the reply John T! Yes I know that I cannot get my questions answered here, but I do like to open discussion on issues on forums like this so that I can hear what others have done, so that I can be better prepared to discuss the issue with my lawyer if/when the need comes. We did find a recorded ROW in court house dated 1934 that specified that the ROW was Granted to a specific individual not to the public. (actually it only lists one of the cabin owners). I would assume that the easement is by prescription, in that they have been using the road for over 50 yrs. I am not trying to block their access, but add a gate to protect my property and theirs. About 25 yrs ago there was a gate on the road, that they both used for about 10yrs, but this was removed when the road was upgraded. The Township supervisor said that the road is not a public township rd. The one cabin owner acutall wants the gate and has offerd to pay for it. At times it is tough dealing with some of our old cranky neigbors. I'm just tryin to be fair and keep on good terms with them. Thanks for your input
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