Neighbor Claiming Prescriptive Easement?

[quicksandfarmer]

Part of my land is crossed by a private road, that section was part of an old farm that was subdivided into building lots, my previous owner bought two of the building lots that the road crosses and included it in what I bought. What is now the private road used to be the driveway for the farm; it's shown on a map I have of the area from 1695 when the farm was first established.

My deed has a right of way for the private road, which says 10' wide, "as traveled." Fortunately I only have five neighbors and get along with all of them.

 

[Drstrangeglove]

Two things would happen then, your emergency call goes unanswered or your gate gets driven over.

I would be OK with either. Bolt cutters would be faster than a key. Here in Alabama, volunteer firemen aren't the sharpest knife, and the rest would have no problem trespassing.

 

[Jstpssng]

Fully agree.
When we bought 74 acres next to our house in Mississippi it came with an overhead transmission line ROW. Come to find out the locals considered it to be a "shortcut" for their ATV's between 2 roads, cutting off about 100 yards on a 1 mile route. Sometimes late at night.
For a while we just complained. Then I started setting up a little shooting range for "plinking" across the ROW route. Coincidentally traffic declined.
Now for those of you that don't know in Mississippi

So land is automatically no trespassing and posting is not required.

I encountered this very thing a few years ago... The only time that anybody ever intentionally shot at me, although it's the second time I've heard lead bouncing in the trees because some idiot had their target set up on their property line with no backstop.
I was working on a Sunday doing a vegetation survey and as I walked down the power line I noticed the bozo abutter had his range set up with no backstop, pointed out across the R/W.
On the way back I had just passed his line of fire when he started shooting. I was supposed to notify the power line company of things like that but I was working on Sunday to redo work and cover somebody else's butt. I also had my dog which was against their policy, and was supposed to notify them anytime I was on the line but hadn't. Still, that doesn't give him the right to fire "warning shots".
I've had lead fly by me 4 times from careleas shooters but that's the only time it was deliberate.
Maybe some of you don't mind bullets flying over your head but I have never gotten used to it. Use a suitable backstop or keep your guns in the cabinet.

 

[D&D]

I would be OK with either. Bolt cutters would be faster than a key. Here in Alabama, volunteer firemen aren't the sharpest knife, and the rest would have no problem trespassing.

Depends…not every piece of apparatus has bolt cutters

 

[D&D]

I encountered this very thing a few years ago... The only time that anybody ever intentionally shot at me, although it's the second time I've heard lead bouncing in the trees because some idiot had their target set up on their property line with no backstop.
I was working on a Sunday doing a vegetation survey and as I walked down the power line I noticed the bozo abutter had his range set up with no backstop, pointed out across the R/W.
On the way back I had just passed his line of fire when he started shooting. I was supposed to notify the power line company of things like that but I was working on Sunday to redo work and cover somebody else's butt. I also had my dog which was against their policy, and was supposed to notify them anytime I was on the line but hadn't. Still, that doesn't give him the right to fire "warning shots".
I've had lead fly by me 4 times from careleas shooters but that's the only time it was deliberate.
Maybe some of you don't mind bullets flying over your head but I have never gotten used to it. Use a suitable backstop or keep your guns in the cabinet.

I know a guy that has that happen every weekend. He owns 80 acres, the abusive neighbor has 2 with a shooting range and pretty much 0 backstop. Neighbor has been advertising his range to the public for concealed carry classes and full auto fire. It’s not against county ordinance so there is nothing the sheriffs office can do about it. State police issues instructor permits, nothing they can (or won’t?) do about an unsafe range. It’s not under the Dept of Natural Resources purview either.
After almost 3 years of this, the county issued a cease and desist for noise. Neighbor got off on a technicality.
One of the organizers was this guy, the Black Rambo

 

[RjCorazza]

Depends…not every piece of apparatus has bolt cutters

I'm certain that's true in most jurisdictions, but everything from the ambulance to the ladder truck has bolt cutters in my county.
Keys and combos change... Plus keeping keys and numbers on apparatus is unrealistic. The best key solution is a secure KnoxBox with the owners key inside, with one key (in an alarmed slot) on the emergency vehicle.

 

[ning]

I'm certain that's true in most jurisdictions, but everything from the ambulance to the ladder truck has bolt cutters in my county.
Keys and combos change... Plus keeping keys and numbers on apparatus is unrealistic. The best key solution is a secure KnoxBox with the owners key inside, with one key (in an alarmed slot) on the emergency vehicle.

For some reason, there's 36" bolt cutters behind the seat in my truck.
You never know when you'll need them, and when I need them on my land for whatever reason, I know exactly where to find them.

 

[Runner]

For some reason, there's 36" bolt cutters behind the seat in my truck.
You never know when you'll need them, and when I need them on my land for whatever reason, I know exactly where to find them.

The Fire Marshal in my municipality told me his universal key that that shiny metal thing on the front of the truck.

 

[sixdogs]

I xhaven'tbeen in this exact kind of scrap but have witnessed a lot of them up close. best way is to get an attorney that's a pr ck and let them deal with it.

Then sue the other guy if you can and wash your hands of it. You will eventually have to do this but can save time and money if you start first. Be on the offense is how you win.

 

[paulsharvey]

I xhaven'tbeen in this exact kind of scrap but have witnessed a lot of them up close. best way is to get an attorney that's a pr ck and let them deal with it.

Then sue the other guy if you can and wash your hands of it. You will eventually have to do this but can save time and money if you start first. Be on the offense is how you win.

Pinion needs to do leg work, and some thinking before he does that. A lawyer will happily fight a loosing battle on your dime.

 

[Jstpssng]

For some reason, there's 36" bolt cutters behind the seat in my truck.
You never know when you'll need them, and when I need them on my land for whatever reason, I know exactly where to find them.

Bolt cutters won't work on our gates, they are up inside a piece of pipe. What will work almost as quickly is a power hacksaw; just cut the 1" pin which the lock goes through.
We try to keep first responders with keys to the few gates we maintain but as you say, locks get switched for various reasons.

 

[Drstrangeglove]

The Fire Marshal in my municipality told me his universal key that that shiny metal thing on the front of the truck.

I have seen some gates that had 10 foot spikes just for those type people. The state dozer might make it through, but they will just drive around it.

 

[ultrarunner]

I'm certain that's true in most jurisdictions, but everything from the ambulance to the ladder truck has bolt cutters in my county.
Keys and combos change... Plus keeping keys and numbers on apparatus is unrealistic. The best key solution is a secure KnoxBox with the owners key inside, with one key (in an alarmed slot) on the emergency vehicle.

I have Knox Boxes at work and the utility companies are always having to replace locks they cut…

The Knox Box came from the utility but few trucks carry the key but all have bolt cutters… go figure?

 

[paulsharvey]

All.of this talk about locks and fire department, kinda leads me to believe there is general access allowed...

If this was truly private access, there wouldn't be an obligation to provide the fire marshal with a key.

 

[paulsharvey]

Read this, and tell me you are 100% sure non of these items could possibly apply to Pinions situation? It reads like the likely case is, this started out as a private easement, and at this point, it is now an Unplatted road or prescriptive easement.

Arguing about right vs wrong doesn't matter, and the neighbors attitude is not part of the discussion. What matters at this point, Pinion has atleast a 1/3rd chance if not higher of loosing an expensive fight.

 

[paulsharvey]

That is Not to say that Pinion might not be able to get some compensation from his title insurance, but that would be hard, as he would need to show an actual damage. Being that, IMO, we had an easement, that has turned into a defacto public road, he had restricted use of the land anyways. I dont think he's going to be able to show loose,

Pinion, I'm not against you, but I really think you could be looking at an expensive, long, loosing fight, that makes an enemy that likes fire. Even if you win, and somehow the court makes the other party pay your legal fees, I think you'll likely have random grass fires.... Do some Long, serious thinking before you go too far. Stop any maintenance activities on that spur road, consider how you can keep people from leaving the spur road and accessing your property,

 

[paulsharvey]

Some quick Google. I'm not saying this applies directly apples to apples with the Ops situation, but

 

[D&D]

Read this, and tell me you are 100% sure non of these items could possibly apply to Pinions situation?

There’s at least 3 (?) other properties with some sort of access to this lane, driveway, dirt road, gravel road, w/e.

 

[paulsharvey]

My only really big question, is If you think it's not meet the 20 year deal, and let's say we are 10-15 years, stopping it from reaching 20 would be great. I just dont think you have a clear cut win. Then the question is, are you willing to spend $6,000 on a 50-50 kinda legal fight? If you are well healed, and $6,000 is not a big deal, OK, but if $6,000 (or more) is a significant amount of money to you, maybe skip the fight.

 

[paulsharvey]

There’s at least 3 (?) other properties with some sort of access to this lane, driveway, dirt road, gravel road, w/e.

Yes, so, I think there is a High chance that a judge would rule that the number of users, the (admittedly by Pinion) general historical uncontrolled access for a Long period of time, and the general public nature of the easement, that this is in fact a road.