Rich, sorry to hear of your problems and expense. While I practice (semi retired) in the areas of property law and estates and probate I dont litigate nowadays because its so much work and expense for my clients. I'm more into semi retired paper work law LITIGATION COSTS TOO MUCH.....Im just not into all that at my age and career (retired electrical engineer and farmer longggggggg before this semi retired law man gig) and stage in life...
Okay, 1) If you have used a neighbors land for ingress and egress the 32 years as you describe THE LAW SAYS (subject to a few technicalities) YOU HAVE AN EASEMENT at least by prescription. 2) If the easement was executed properly and is on the face of the deeds (was reserved for your benefit on that adjoining land) and they were recorded YOU HAVE AN EVEN "BETTER" EASEMENT. SO IT LOOKS LIKE YOU HAVE ONE SORT OR THE OTHER IN MY UNRESEARCHED YET PROFESSIONAL LEGAL OPINION. So being unresearched and even if so, thats worth NOTHING. Only a court of law can make that call no one here
If a client came to me with your problem and research established you had a legal written and conveyed easement orrrrrr you had an easement by prescription, my advice would have been to continue its use and force the neighbor to keep you out (without any breach of the peace mind you)
If your easement was only by prescription and the neighbor complained, then you would have more expense as we would have to bring an action to quiet title to judicially determine (court finding and order) existence of the easement.
Soooooooo sorry I cant help and for all your expense, from what you say you should have a slam dunk case (less so if by prescription but still likely) and I would have still advised you to continue its use and force the neighbor to obtain a court order saying you cant.
CAUTION NOTE (I cant know this sitting here) Just because YOUR deed says you have an easement to cross adjoining land THAT DOESNT ESTABLISH YOU CAN. The easement would have to be reserved on that adjoining land in your favor. I cant give you a deed that legally allows you to cross my neighbors land, but I can give the neighbor (if I sold him that property) a deed SUBJECT TO RESERVATION THAT ME OR MY SUCCESSORS CAN CROSS THAT LAND. See why its impossible to give you any exact answer here I WOULD HAVE TO RESEARCH YOUR DEED AND THE NEIGHBORS DEED. So be cautious of anyyyyyyyyyyyy opinions (lay or professional) including mine here of having any weight or value whatsoever.........
I still think you have an easement because even if it doesnt meet the legal requirements above sounds like you have acquired one over time with use, the problem is those type are more expensive grrrrrrrrrrrrrrrr
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