Irish Blues
Junior Member
What is the name of your state? IL
For simplicity, let's say that we have people A, B, and C. A buys property in 1977, and to access his property he must go through B's property through an existing path to get to his driveway. B never contests A crossing through the property in this manner, and this is the only established method for A to get to his house on his property.
Years later, B dies and his property is inherited by C. A few years after inheriting the property, C begins setting up speed bumps and other obstructions to make it more difficult for A to reach his property. C doesn't make it impossible, but just makes it really aggravating. In addition, C maintains the areas near the right-of-way (which C drives over with heavy machinery in the course of his business), but fails to maintain the right of way that A uses...leaving potholes that could potentially damage the vehicles of A and anyone else attempting to go to A's property.
From what I've read, A has a conveyed right-of-way through C's property since both B and C have never disputed A driving through the property. Assuming this is true, (1) does C have to maintain A's right-of-way if he is maintaining everything else around the right-of-way, and (2) is C liable for damages to other people's property due to his failure to maintain the right-of-way?
For simplicity, let's say that we have people A, B, and C. A buys property in 1977, and to access his property he must go through B's property through an existing path to get to his driveway. B never contests A crossing through the property in this manner, and this is the only established method for A to get to his house on his property.
Years later, B dies and his property is inherited by C. A few years after inheriting the property, C begins setting up speed bumps and other obstructions to make it more difficult for A to reach his property. C doesn't make it impossible, but just makes it really aggravating. In addition, C maintains the areas near the right-of-way (which C drives over with heavy machinery in the course of his business), but fails to maintain the right of way that A uses...leaving potholes that could potentially damage the vehicles of A and anyone else attempting to go to A's property.
From what I've read, A has a conveyed right-of-way through C's property since both B and C have never disputed A driving through the property. Assuming this is true, (1) does C have to maintain A's right-of-way if he is maintaining everything else around the right-of-way, and (2) is C liable for damages to other people's property due to his failure to maintain the right-of-way?