Prescriptive Easement

RADAR · 2012-10-01T20:57:45Z

This is a long, convoluted story, so I will try to be brief:My client hired me to provide an exhibit map, as he is having some problems with his neighbor. About 20 years ago, when he purchased the property, he got an easement from the owner of a lot in a plat. he owns about 5 acres to the north of the plat and has a metes and bounds description. Before that, he had access on the east side of the plat; but the previous owner was accessing his property through the plat and he wanted to continue doing that.The plat has a private road that ends in a cul-de-sac. It is a single lane gravel driveway in a 50' wide/50' radius private right-of-way. The easement he was granted is the west 50' of a vacant lot, but the gravel driveway he is using begins in the easement (barely) and quickly angles off to the east into the remainder of the vacant lot. Thus the prescriptive easement.Everything was fine until a few years ago when the owner of the vacant lot sold it and the house they were living in, to someone that doesn't like him driving across her property.She planted a big bush out in the cul-de-sac and placed some big boulders next to it, in the inside corner of where my client turns to drive across the vacant lot. She also placed some smaller rocks along the west side of the gravel driveway, near the north end of her vacant lot; making it difficult for my client to swing wide with his horse trailer or have large delivery vehicles access his property.So here is my problem; I provided a map and he doesn't like it. He says that I should make the width of the gravel bigger, because that's where he drives, sometimes, like when he pulls his horse trailer in, or has something delivered, like UPS. He also says that I should write a legal description and stake it on the ground.I don't feel comfortable doing this so I thought I'd seek the sage advice of you Beer Leggers, because I know that you know everything...;-) Oh, and his attourney tells him that he has surveyors do this for him all the time and can't see what my problem is.TIADugger

Summarize Topic

Page 2 / 2 Prev

Business, Finance & Legal

Last Post by RADAR 14 years ago

21 Posts

13 Users

0 Reactions

1,435 Views

RSS

RADAR

(@dougie)

Posts: 7880

Member

Topic starter

Translate ▼

DingDingDingDingWeHaveAWinner

It's not that fancy of a sports court and I don't think it gets used.
She did, however, screw up by planting the row of trees. This definitely cut off his access to the 50' easement......

He didn't help by building the shed either.....

Posted : October 2, 2012 9:17 am

Page 2 / 2 Prev

26 Forums
54.5 K Topics
592.1 K Posts
312 Online
16.9 K Members

Forum Icons: Forum contains no unread posts Forum contains unread posts

Topic Icons: Not Replied Replied Active Hot Sticky Unapproved Solved Private Closed

Prescriptive Easement

Please support our supporters!

Our Policies

Quick Links

Support