Re: Neighbor Put Fence in Road--Advice?

Posted by John T (Country Lawyer) on January 02, 2007 at 09:17:18 from (66.244.90.5):

In Reply to: Neighbor Put Fence in Road--Advice? posted by T.C. in Tx on January 02, 2007 at 07:01:10:

TC, It can be true that a landowner still owns property to the middle of a road BUTTTTTTTTT that does not mean the local government does not already have either an easement by deed or prior restrictive covenantas that ran with the land or right of way for public transportation or else they have acquired the same by an easement of prescription (similar to adverse possession).

Likewise, even if there never was any governmental easement, thats NOT to say an adjoining landowner may not have himself by prior use or by necessity have also acquired an easement as a matter of law (NOT that lawyers personal opinion, Court would decide).

BUTTTTTTTT to avoid costly litigation you might try to first negotiate with the landowner since its typically hard to get any county commissioners or county attorneys etc to do anything UNLESS maybe around election time lol

SOOOOOOOOO regardless if the county has an easement (I bet they do either by deed or prescription) its still possible you may have over the years based upon prior use and time and necessity acquired one as a matter of law REGARDLESS WHAT THAT LAWYER SAYS OR THINKS. Rememeber lawyers have no more power nor authority then you do, the law and Courts are there to rule on these type issues.

Free advice 1) Use self help i.e. use to haul hay n farm and other uses consistent with and typical for the neighborhood and keep good records of the use and as time passes it helps your case regarding an easement by necesssity or prescription. 2) Squeaking wheel gets the grease, keep complaining to the county attorney n prosecutor n commissioners n sheriff n anyone who will listen includign the news media

best wishes

John T Country Lawyer in Indiana

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