Will it require a court to settle this "right of way?"

[big sky happy]

What is the name of your state? Montana
15 years ago I rented a house on a 34 acre piece of property. The neighbors, a ranching family to the south of me, claimed they had a right of way thru the property I rented in order to get to a spring on their property in back. For 15 years they've driven up my driveway and thru the yard to the back of the property in order to get to their gate in back.

The property I rented was sold last year and I was able to buy 3 acres of it and the house and the supposed "right of way"
The neighbors are unfortunately getting a divorce, rumor has it the ranch is going to be sold and while I've not had issues with their infrequent trips thru my yard (short of the average invasion) I'm now worried as to what will happen if the property is sold and the headaches if it's subdivided off like so much of the land around has been.
From what I've been able to gather, there is nothing on paper regarding a written legal easement, just a verbal okay to pass thru the property over the years since they had no other way, other than a very primative road, to get to their spring.
A new road is in to the north of me and with the re-location of a gate they will be able to access their property from that road. The owner of the road (who I bought my property from) said he would grant an easement BUT he'd also like to be able to access their property.
Am I looking at a court date here or is there a gentle way of settling this situation?
Thanks for any input!!!
BSH

 

[FarmerJ]

If you cant do it your self or are not sure what you are looking for then consider seeing a real estate atty to review your title work or at least the atty might recomend some one to do it, Once you know for sure there is no recorded easement the atty can write letter for you informing the concerned party that there is no easement and they are not to tresspass on your property.

 

[big sky happy]

will it require a court date on "right of way"

Thanks for the info Famer J.
I've got someone from an attorney's office looking into the situation but she's informed me that I may have to jump thru hoops (ie blocking access for a period of 5 years?) even if there's no easement on record and thats what has me puzzled and worried. If this neighbor never had a documented, legal easement thru the property why do I have to expend the time and what could amount to a financial strain ( if they choose to fight it) to prove they have no right to trespass in the first place?
BSH

 

[lwpat]

Because you are now a property owner with rights you are interested in protecting. Sorry, comes with the territory.

 

[big sky happy]

will it require a court date on "right of way"

Join Date: May 2003
Posts: 2,180

Because you are now a property owner with rights you are interested in protecting. Sorry, comes with the territory

Thanks for the input Iwpat.
Are you saying that I should of had a clue about "right of way"," perscriptive easement" that carried over to a piece of property I bought? How would I have had this information before buying? I did a title search, no mention of an easement. Since I nodded to these neighbors for years as they crossed thru the property I rented at the time, why would I question the previous owner's permission for them to do so? I'm only questioning it now because I'm concerned about the direction their property may take and wondering why I have little right when it comes to who can cross property I own, anytime they want, because of some sort of an agreement that took place years and owners ago.
BSH