@skeeter1996 there is no prescriptive easement until the courts say one exists.
Attorneys love boundary and/or title cases; because the courts hate them.
In a civil case, both sides think they are right; so they hire the best attorney they can find, to help them prove that. I've sat in seminars, where the presenter said similar cases were ruled in favor, on both sides of the issue, because of the attorney.
My best advice to my clients; try to resolve this without attorneys; in the end, they're the only one's that win.
@dougie?ÿ
Yep.... In Civil court, its only the preponderance of evidence needed, so only 50% truth is all it takes.......and that costs 100% of your attorney's fees, and the others too if the contract specifically calls out the prevailing parties fees and expenses.....read that damn contract well. ???? ???? ?????ÿ
I just didn't want to be the one to say it, it sounds soooo dirty. It is the legal system and not?ÿ the justice system after all i suppose.....it would better if it was just the Hall of Justice....
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One of my main jobs (at least for me) is to keep my clients out of court.?ÿ
One of my main business decisions is to avoid jobs that will end up in court.?ÿ
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avoid jobs that will end up in court
Or at least be justly compensated...
Hiring the best lawyer is a good idea. Hiring the best surveyor, not so much. In fact, the cheaper the surveyor, the better. There's a better chance he'll take a short cut; and then when it backfires on him, we can sue him for being incompetent.
Maybe, once we get away from hiring Seasonal, Full Time Employees, we can finally be compensated for doing the job right...
@dougie?ÿ
Are you Nesting my Posts into your own!!!!
I am laughing so hard i can barely type.?ÿ?ÿ
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That muchacho, was the best post of the day, if not the week!!!!
@skeeter 1996 it doesn't exist until it is created.?ÿ Just because a person walks the same path or drives the same road across private property doesn't automatically assign an easement by prescription.
@chris-bouffard That may or may not be true. Depends on wither?ÿ they did it with or without permission, openly used it, used it often (a relative term), what they used it for, and or have a lawyer that is a good Liar.
A easement by prescription may exist, but you can't take it to the planning department and get a permit until it is properly documented. So it exists, but it doesn't exist.?ÿ ?ÿ?ÿ
@skeeter 1996 it doesn't exist until it is created.?ÿ Just because a person walks the same path or drives the same road across private property doesn't automatically assign an easement by prescription.
In practice, a quiet title action may be necessary to acknowledge prescriptive rights in order to do A or B.
But those prescriptive rights, just like title by adverse possession, are established as soon as all conditions are met i.e., adverse use, open & notorious, continuous, claim of right, etc. As soon as the statutory period has run while all those conditions are met, that's when the easement (or title in the case of adverse possession) passes.
@norman-oklahoma I agree, that's why I replied they may have more surveying to do for a Prescriptive Easement.
@rover83 My experience is to perfect either a Prescriptive Easement or Adverse Possession. You must have a Judge's decision. I'm unsure on how a Quiet Title bypasses that. I had an Attorney that mentioned doing a Quiet Title, but we ended up litigating it.
@holy-cow I have had a few occasions where I needed access to an adjacent property and the land owner refused access.?ÿ When I have explained to them the NJ statute regarding Surveyor's right of entry, that never seemed to matter to them.
If I absolutely needed access, I've called the local PD to advise them of the situation and then sent a certified return receipt letter to the property owner stating who was going to be there, when they would be ther and for what and included an all day envelope incasr time ran over.?ÿ I also included a printed copy of the State statute and sent a copy to the PD.
After the letters went out, I never had a problem.
@skeeter1996 so, Mr. John Q Public finds a nice pieceof land locked property.?ÿ He hunts it every year by parking along the road and walking in through an adjacent property, using the same route in and out.?ÿ Nobody notices because they don't see him as he walks in just before sunrise and out shortly after sunset.?ÿ I as the land owner, happen to spot him one day and tell him to stay off my property.
With the above scenario, he tells me that he's going to continue using my property to access the other because he has been doing it for over 20 years and nobody ever stopped him.?ÿ As the property owner being tresspassed on, if he gets hurt, I can be held liable.?ÿ I call the Police, they come out and talk to both of us.?ÿ What do you think they are going to say to the tresspasser. it's OK, come and go as you please??ÿ I don't think so because tresspassing is not legal, and when I tell him to stay off my property in front of the Officer, he does it again, the citation for tresspassing elevated to defiant tresspassing unless said hunter presents some sort of signed written authorization to pass through adjacent lands.
