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Neighbor Threatening Prescriptive Easement

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GeorgiaOwner

Junior Member
What is the name of your state (only U.S. law)? Georgia

Our neighbor installed several connecting stepping stone paths on our land for both of us to traverse between the properties as we were friends. This was with our permission (but not in writing).

In the last year we have had problems with our neighbors and decided to ask them (in writing) to remove anything of theirs from our land and they had 30 days to do it. They responded saying they would file for a prescriptive easement against us.

As I mentioned there were several connecting paths and after we sent them the letter they removed several stones which now makes it look like one path (We have before and after photos). Why would they do this and would it hurt their case?

Do they have grounds for a "prescriptive easement" judgement?
 


justalayman

Senior Member
A prescriptive easement grows from use adverse to the owners intent. That means your permission to use the walkway on your property kills their claim of a PE.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Georgia

Our neighbor installed several connecting stepping stone paths on our land for both of us to traverse between the properties as we were friends. This was with our permission (but not in writing).

In the last year we have had problems with our neighbors and decided to ask them (in writing) to remove anything of theirs from our land and they had 30 days to do it. They responded saying they would file for a prescriptive easement against us.

As I mentioned there were several connecting paths and after we sent them the letter they removed several stones which now makes it look like one path (We have before and after photos). Why would they do this and would it hurt their case?

Do they have grounds for a "prescriptive easement" judgement?
Well, gosh darn it. You gave them permission to install the stepping stone path. When the relationship turned sour, and you told them to "take their toys and go home", they did it - at least in part. That shows me that they are willing to meet you at least halfway on this issue. Definitely a good faith effort in light of a pending hearing for their request on a prescriptive easement (which probably wouldn't be granted under the circumstances).

Just have an attorney draw up an agreement to allow them access to the remaining stepping stone path already and be done with it. This really ISN'T the huge deal you want it to be. Your good faith gesture might even pave the way (yes, PUN INTENDED!) towards improving that problematic neighbor relationship of yours.
 
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Jimhassel

Junior Member
According to me prescriptive easement and adverse possession cases can turn on very small factual nuances. I would suggest you to consult with an attorney as soon as reasonably or sort out the things by entering into a maintenance agreement with the neighbour as it would be mutually beneficial for both of you.
 

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