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10-27-2008, 06:20 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 1
| | | Trespass can it be stopped in farming country? What is the name of your state (only U.S. law)? Nebraska
I own 50 acres that I purchased 7 years ago in western NE. It is between two large family owned farms. Large as in 30 and 65 sections respectively.
My land has a large creek on one side and is entered via bridge. A new bridge put in by the county 2 years ago to replace the old wooden one.
The neighbor to my south uses the bridge and immediately cuts to his land, no problem there.
The neighbor to the North cuts through my land to access his by using my road. He has access via other means but is more convenient to cut across my land.
My issue is this. My deed does NOT provide them access and while I am not there a lot but do want my ownership respected. They leave my gates open and when I locked it they ripped it out. I posted it for no trespass to no affect.
When I spoke with them they said we have always (20+ years) had access through there and you don’t have the right to stop us.
I have been asked / told to stay off there land in clear terms.
My question is simple. Is there an issue with eminent domain given the length of their trespass with previous owners or do I have clear rights to take action? What action should I take with whom? | 
10-27-2008, 08:42 PM
| | Senior Member | | Join Date: Apr 2002 Location: snowland
Posts: 5,977
| | | Start by using the links above to locate a realestate atty to review your properties docs just to make sure that there is no easement granted, You did admit that the one party you had no problem with them crossing your property. SO it comes down to how far you want to go , if your atty verifys that they do not have any legal right to easement then your atty can either send them a letter granting consent to cross the property where it expires at a set date or certain conditions so you would have to do it again OR to send them each letters telling them they do not have any legal right to easement over your land and to cease tresspassing. Likely your never going to catch anyone ripping out a locked gate unless you live thereon site and have cameras aimed and recording the area of the gate. BUT if they havent passed some kind of timeline where they could easily sue and win a easement in court then having a attorney do one of the two suggestions now puts it in writting so they cannot easily win a claim of a right to cross your land. | |
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