I fully understand laws vary with states but they don't vary THAT much. Name me any one of the 50 states that automatically gives you perpetual rights to property after you sell it and deed it to someone else.
The United States uses English Common Law as it's legal backbone, and individual states "tune up" the law, but don't change it much. Common Law does not have to be written in Statutes.
No matter what state you live in - if you own land in "fee simple" and it's deeded to you, you retain rights to that property unless someone else proves otherwise in court - and NOT by hearsay.
Many property disputes arise from people tresspassing and just assuming they can do it - because they want to, because it's convenient, or because their family did it in the past, etc. I've had to defend my property rights many times and I get kind of tired of it. I buy property, get full title, pay taxes - and then have to deal with all the people that decide it's their God-given right to use it - just because . . . ?
In regard to the one situation that Walt Davies mentioned - I don't know the details. It's possible he is claiming an "easement by implication" - but that has strict requirements and must be proven in a court of law - by him - and NOT the property owner. There is a similar situation near me right now. A farmer gave his son 5 acres in the corner of one of his fields. The son had just gotten married and put a new modular home on the 5 acres. Shortly after, the wife through the son out (he got drunk and beat her up), went to court and got the house and property. She now has a new boyfriend and owns the land and house. The farmer now has strangers living on the five acres and is no longer allowed to enter or cross the property. He does NOT get along with his ex-daughter-in-law. She fenced him out, he tore the fences down, and HE got arrested and found guilty of tresspass. She also got an order of protection from him and now - he can't even come within a certain distance of her house - not even while driving a tractor doing farmwork.
Here's a sampling of how states handle easements:
Alabama: the period of adverse use must be at least twenty (20) years.
Alaska: Common Law
Arizona: the period of adverse use must be at least ten (10) years. Arizona Code §12-521 through 528.
Arkansas: the period of adverse use must be at least seven (7) years. Arkansas Code §16-56-105; 18-11-102, 03; 18-60-212.
California: the period of adverse use must be at least five (5)years. The claimant of an easement by adverse possession must also pay the taxes due for the five (5) year period if it has been separately assessed. California CC §1007.
Colorado: the period of adverse use must be at least eighteen (18) years. Colorado Code §38-41-101, 108, 109.
Connecticut: the period of adverse use must be at least fifteen (15) years. Connecticut Code §37-40; 47-25.
Delaware: the period of adverse use must be at least twenty (20) years. Delaware Code §10-7901, 7902.
Florida: the period of adverse use must be at least twenty (20) years. Florida Code §95.16-.18.
Georgia: the period of adverse use must be at least seven (7) years for improved land and twenty (20) years for wild land. Georgia Code §44-5-175; 44-9-1.
Hawaii: the period of adverse use must be at least twenty (20) years. Hawaii Code §657-31, 31.5.
Idaho: the period of adverse use must be at least five (5) years. Idaho Code §5-208 through 210.
Illinois: In Illinois, the period of adverse use must be at least twenty (20) years. This type of easement does not arise if the owner of the servient estate posts a conspicuous notice on the real estate stating that the use of it is permitted and subject to his/her control.
Illinois Code §735-5/13-122.
Indiana: the period of adverse use must be at least twenty (20) years. Indiana Code §32-5-1-1.
Iowa: the period of adverse use must be at least ten (10) years. The owner of the servient estate may prevent the establishment of a prescriptive easement by serving written notice upon the easement claimant within the ten (10) year period that he/she disputes the claim. Iowa Code §564.1, 4-7.
Kansas: the period of adverse use must be at least fifteen (15) years. Kansas Code §60-503.
Kentucky: the period of adverse use must be at least seven (7) years if held under patent and fifteen (15) years otherwise. Kentucky Code §413.050.
Louisiana: Louisiana CC §742.
Maine: the period of adverse use must be at least twenty (20) years. The owner of the servient estate may prevent a prescriptive easement by giving written public notice that he/she objects to the easement. Maine T.14, §812.
Maryland: the period of adverse use must be at least twenty (20) years. Maryland Courts Art. §5-103.
Massachusetts: the period of adverse use must be at least twenty (20) years. The owner of the servient estate may prevent prescriptive easement by posting a conspicuous notice on the real estate claimed as an easement which states the owner’s intent to prevent an acquisition of an easement.
Massachusetts C. 187, §2-3.
Michigan: the period of adverse use must be at least fifteen (15) years. Michigan CLA §600.5801.
Minnesota: the period of adverse use must be at least fifteen (15) years. Minnesota Code §508.02; 541.01-.02.
Mississippi: the period of adverse use must be at least ten (10) years. Mississippi Code §15-1-7, 13.
Missouri: the period of adverse use must be at least ten (10) years. Missouri Code §516.010-.030.
Montana: the period of adverse use must be at least five (5) years. Montana Code §70-19-405.
Nebraska: the period of adverse use must be at least ten (10) years. Nebraska Code §25-202. Nevada: the period of adverse use must be at least five (5) years. Nevada Code §11.070-.080.
New Hampshire: the period of adverse use must be at least twenty (20) years. New Hampshire C. 508, §2.
New Jersey:the period of adverse use must be at least twenty (20) years. New Jersey Common Law.
New Mexico: the period of adverse use must be at least ten (10) years. New Mexico Code §37-1-22. New York: the period of adverse use must be at least ten (10) years. New York Real Prop. A&P.L. §501-551.
North Carolina: North Carolina Common Law.
North Dakota: the period of adverse use must be at least ten (10) years. North Dakota Code §47-05-12.
Ohio: the period of adverse use must be at least twenty-one (21) years. Ohio Code §2305.04.
Oklahoma: the period of adverse use must be at least fifteen (15) years. Oklahoma Code §12-93; 60-333.
Oregon: the period of adverse use must be at least ten (10) years. Oregon Code §12.050
Pennsylvania: the period of adverse use must be at least twenty-one (21) years. Pennsylvania Code §42-5530.
Rhode Island: the period of adverse use must be at least ten (10) years. Rhode Island Code 34-7-1.
South Carolina: the period of adverse use must be at least twenty (20) years. South Carolina Code §15-67-210 through 260.
South Dakota: South Dakota Common Law.
Tennessee: the period of adverse use must be at least twenty (20) years. Tennessee Common Law.
Texas: Texas Common Law and Texas Civ. Prac. Rem. Code §16.021 onward.
Utah Common Law; the period of adverse use must be at least twenty (20) years. Utah Common Law; Title 78, Chapter 12.
Vermont: Vermont Code §12-501.
Virginia: the period of adverse use must be at least twenty (20) years. Virginia Common Law.
Washington: the period of adverse use must be at least ten (10) years. Washington Code §7.28.050-.090.
West Virginia: the period of adverse use must be at least ten (10) years. West Virginia Common Law Code §55-2-1.
Wisconsin: the period of adverse use must be at least twenty (20) years. Wisconsin Code §893.28.
Wyoming: the period of adverse use must be at least ten (10) years. Wyoming Code §24-1-101.
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