|
Tractor Talk Discussion Board |
Adverse use - must be adverse
[ Expand ] [ View Replies ] [ Add a Reply ] [ Return to Forum ]
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.
Replies:
Home
| Forums
| Order Support
Today's Featured Article -
On the Road with Dave Gohl: Deere Departed Friend - by Dave Gohl. Have you ever had to part with a dear friend? It's not easy. If it's due to death, your feelings could be in disarray for days, months or even years. Even now after almost 4 years, I still miss my dad. I remember when I was a kid my dad sometimes would tuck my brother and I in at night and we would ask him questions about his childhood on the farm. To this day, it's some of the best stories I've ever heard. And now, I'm so glad that I asked those questions, and if I were a little smarter i
... [Read Article]
Latest Ad:
1965 International Harvester McCormick Farmall cub tractor 2,500. Two owner tractor. My grandfather bought new in 1966, then we inherited it. Have all the paperwork original manual and all maintenance records. It starts and moves. Comes with underbelly mower, plough, and some other attachments.
[More Ads]
Copyright © 1997-2026 Yesterday's Tractor Co.
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V. Yesterday's Tractors - Antique Tractor HeadquartersWebsite Accessibility Policy |
|
