Adverse use - must be adverse

Posted by jdemaris on June 28, 2007 at 09:50:51 from (66.218.19.104):

In Reply to: Re: How do water rights work? posted by Matt from CT on June 28, 2007 at 07:54:11:

In regard to your statement -

". . . if you've always let your neighbors cross your land, they've established a legal right of way were none had been formally granted . . "

That's not quite true - the use needs to be "adverse", thus the name. The adverse use must also be notorious - i.e. you have to know about it. If you grant permission, that abrogates their right to claim any adverse use. Now, if you tell them to stay the heck off, and they do it anyway, and you do nothing to stop them - then they DO have a case.
I've been to court twice in regard to this and prevailed both times. This sort of thing never seems to end. I own some remote land now where people keep on driving through it, and I send a letter to every adjacent property owner, every 5 years granting them temporary permission to cross my land. I also mention that the permission can be revoked at any time.
There are similar methods of land-use-taking such as easement by necessity, easement by proscription, etc. All a little different. Town and village governments often take land to widen roads by "easement by proscription." Bascially, all they have to do is illegally widen a road, and then let 7 years pass - and if no one makes a stink over it, it's a done deal. Happens all the time.

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