Adverse Possession

[adiaz5662]

What is the name of your state (only U.S. law)? CT

We bought a property about 5 years ago. At time of purchase we informed that the driveway easement was for us and the parcel next to us that had been purchased but no house had been built. we informed about a field next to us on the left side but no ne ever mentioned that they would be using our driveway/dirt road. For the 1st 2 years we saw no one come up and on the 3rd year we saw a farmer come up and pick up hay from the field. we asked and was told that the owner told him he could have the hay for his cows. eventhought they ruined the road and we had to pay to have it fixed we said nothing (dumb of us) Now a new farmer came up our road right after we had it once again regraded and we asked? and was informed that they are renting the field and was told that they could use the dirt road to get up to the field. well - we told them that they could not since they are messing up the road. we looked in the records and found nothing stating that anyone could use the road which is a private road. We went to speak to the field owener and told us flat out that he has been using the road for 30 years and that is that! they have no legal right but they keep saying this 30 year thing... i am concern that we may lose to this person who owns lots of land and has lots of money and also has access to built himself a dirt road on the otherside to get to his field but doenst want to. what shall be do? can they possibly win?

[HomeGuru]

Originally Posted by adiaz5662

What is the name of your state (only U.S. law)? CT

We bought a property about 5 years ago. At time of purchase we informed that the driveway easement was for us and the parcel next to us that had been purchased but no house had been built. we informed about a field next to us on the left side but no ne ever mentioned that they would be using our driveway/dirt road. For the 1st 2 years we saw no one come up and on the 3rd year we saw a farmer come up and pick up hay from the field. we asked and was told that the owner told him he could have the hay for his cows. eventhought they ruined the road and we had to pay to have it fixed we said nothing (dumb of us) Now a new farmer came up our road right after we had it once again regraded and we asked? and was informed that they are renting the field and was told that they could use the dirt road to get up to the field. well - we told them that they could not since they are messing up the road. we looked in the records and found nothing stating that anyone could use the road which is a private road. We went to speak to the field owener and told us flat out that he has been using the road for 30 years and that is that! they have no legal right but they keep saying this 30 year thing... i am concern that we may lose to this person who owns lots of land and has lots of money and also has access to built himself a dirt road on the otherside to get to his field but doenst want to. what shall be do? can they possibly win?

**A: what does the recorded easement agreement state with respect to these issues?

[adiaz5662]

the recorded easement only states us and the other property next to us nothinhg about his property.. you would think that if he has been doing this for 30 years -when this house was built in 1999 the land records would have something.. nothing! everyone that has looked at the land records (all appraisers) have told us that he has no right to come up this way. we believe he is going to try for that adverse possession. but my thing is how can he do that? we clean, remove snow, and resurface the dirt road when it needs it, we have kept all our receipts. what do you think?

[tranquility]

While he probably can't win a suit for adverse possession for land which your property has been actively using, that does not mean he couldn't have some rights. But, even with an easement created by prior use, there would need to be other facts plead.

I don't think he has a good case from what you've written so far, but many things could make it one. It is unlikely he could prevent you from using the land, even if he were to win with whatever theory his attorney comes up with. Get an attorney and have him review things. Absent more, mere long-term use is not enough for him to win. There needs to be some prior conveyance/severence or special hurt involved to gain some type of easement.

The closest possiblity comes from an easement by prescription. Even then, they'd only be talking about the use they've had. Continuous and exclusive elements will still be hard for him to prove even if you couldn't prove prior license.

[adiaz5662]

we are the owners and have an easement. He has a field on the other side of us - he doenst use it - he rents it out to people who have only used it once or twice a year- we maintain the driveway- and clean the snow- cut trees - and so on he only has poeple walk on it occationally- and for the first 2 years- not a all- this has only been recently- i figure since we didnt say anything last year when he rented to the other farmer go only picked up hay- that is what he told us - he figured he can rent out his land to other people for a fee and have them cross over our land to get to his field. he owns enouth land on the other side to creat another dirt road- he also has the money- we are not making any money on this and have to pay to have the road re-done every time they ruin it - its doenst seem fair.. i just hope that a judge can see that -since he says that he is very popular and has the best lawyers.

[adiaz5662]

also, he is not named at all in the easement.... so just because he claims that he has been using the road for 30 years - he thinks that he can continue to use it without any problem..we are going to go broke fighting this man- if his attorney drags it out.

[adiaz5662]

what about the fact that he is renting out his field and has about 25 or more people working - he is using our easement to transport all these people, what about that... what does this fall under?>

[seniorjudge]

Originally Posted by adiaz5662

what about the fact that he is renting out his field and has about 25 or more people working - he is using our easement to transport all these people, what about that... what does this fall under?>

overburdening the easement

[FarmerJ]

Go ahead use the links up top to arrange for a atty to review your docs incase you might have missed something , If nothing was missed speak to the atty about doing a letter for you telling them they are overburdening the road.

[adiaz5662]

the more i read the more i want to cry... my husband keeps telling to stop reading and wait until they claim some kind of easement before we worry... i just cant.... now this prescriptive easement has me running scared... this one we may lose for use... i dont know what all the elements are and need to be met in connecticut.. if you know can you please let me know??

[FarmerJ]

Relax and answer 2 more questions PLEASE who actually owns the land this road is on ? a third party ? IS any part of the land they own adjacent to a township , county, or state road ? or is this land totally landlocked where they have no other possible way to get to this land unless they use your access ? I think this is the key for you if your able to block his use. IF his land is not totally landlocked then there is no problem he should be able to build is own driveway onto the public road. The big thing about speaking to a atty and having them do a letter addressing the damage they are doing is that first it puts them on notice that they are creating damage, second if the atty tells you that you are able to gate or block the access ,then do it , Also does your easement give you the right to gate it? if your not sure then a atty can help you find out.

[adiaz5662]

farmer...

we own a portion of the land and the other is own by someone else - not the person i am having problems with. no township. the person who owns that other portion is an absent owner- he planned to built 5 years ago but have not gotten started. no clue why. he has not idea of what is happening here.