Prescribed Easements. How Do I avoid it?

[jeffheath2]

What is the name of your state? Utah

My neighbor is sueing my 79 year old Mother for a Prescribed Easement. Because the neighbor's Father , Mother,and handicapped son has used our driveway to go into their back yard. Now The Father, Mother, and handicapped son has passed away and the only remaining son wants to sell the property and be rid of it. By the way this Son lives in Las Vegas and was a poor son to his family. We have offered them written permission but we reserve the right to revoke it. That was not good enough. Then they want us to give them some of our property so they can build a road to their property through Mom's Property. The son has told us if he cannot make this sale because we have not signed an easement that he would sue Mom. Mom is a Widow of about 1.5 years and lives on Social security and Dad's Military Pension. About $700.00 per month. This is all she has is her house and me (Son) How can we fend off the law suit without giving away mom and Dad's land they paid for and now own free and clear. Can anyone give us some helpful information. We would be greatly appreciative. Signed, Good Neighbors 50+ years

 

[kenny j]

Let him sue - just google "prescriptive easement" to learn more about it, but this link provides all you should need:

http://www.inman.com/buyers-sellers/columnists/how-steal-your-neighbors-property-and-avoid-jail

"However, permissive use defeats ever acquiring a prescriptive easement. If your neighbor says "Sure, go ahead and use part of my property," you will never obtain a permanent prescriptive easement.

Prescriptive easement examples include driveways, paths or any portion of a property that is continuously used without permission."

Good luck, Ken