• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

property boundry

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

zhmo1

Junior Member
What is the name of your state? Mississippi. In 1974 i bought land to build a house in north Mississippi. My neighbor at the time let me use his existing drive to reach my property.after several neighbors,which all let me use the drive , a new neighbor has come along and started putting up a fence blocking the drive way. He said i could put in a new drive that this was his land and i no longer could use it. do i have any rights after 30 years to be able to keep using the drive? thanks
 


zhmo1

Junior Member
No...i could establish a new road if i had to..been reading about squatters rights and wonder if that woudl apply...thanks
 

justalayman

Senior Member
zhmo1 said:
No...i could establish a new road if i had to..been reading about squatters rights and wonder if that woudl apply...thanks
If you are speaking of "prescriptive easement" when you mention squatters rights, the answer is no, that would not apply. The fact the neighbors gave you permission prevents this. The neighbor is now revoking permission.

Time to make your own driveway.
 

mbrown225

Junior Member
You just may have some rights to use that road. Prescriptive easement is the continuing, unchallenged use of all or part of a property by the owner of a neighboring or nearby property for a specific period of tim such that, by law, the using owner fains a legal right to continue that use. In your state the period for adverse use is 10 years. So you may want to speak to a lawyer because it seems to me that after 30 years you should be able to continue to use it.
 

jimmler

Member
zhmo1 said:
No...i could establish a new road if i had to..been reading about squatters rights and wonder if that woudl apply...thanks
The only way to know is to seek advice from a local real estate attorney. If you do have a case, you have to go to court and get the judge to agree. It will probably cost far less to put your own driveway in, unless there is a stream crossing or other environmental features that have to be dealt with.
 

justalayman

Senior Member
mbrown225 said:
You just may have some rights to use that road. Prescriptive easement is the continuing, unchallenged use of all or part of a property by the owner of a neighboring or nearby property for a specific period of tim such that, by law, the using owner fains a legal right to continue that use. In your state the period for adverse use is 10 years. So you may want to speak to a lawyer because it seems to me that after 30 years you should be able to continue to use it.
prescriptive easement n. an easement upon another's real property acquired by continued use without permission of the owner for a period provided by state law to establish the easement. The problems with prescriptive easements are that they do not show up on title reports, and the exact location and/or use of the easement is not always clear and occasionally moves by practice or erosion.
The OP did say the neighbor allowed the use and is now revoking permission. No prescriptive easement, he had a license to use the property. Prescriptive easements are a form of adverse possession. The use must be in contrast to the true owners intent. Even you, mbrown, posted "adverse use".

The OP needs to make it on his own.
 
Last edited:

Happy Trails

Senior Member
In Mississippi the requirements that need to be met are stated below:

To establish a claim of adverse possession, they must show that his possession was:
(1) under claim of ownership;
(2) actual or hostile;
(3) open, notorious, and visible;
(4) continuous and uninterrupted for a period of ten years;
(5) exclusive; and
(6) peaceful.

West v. Brewer, 579 So. 2d 1261, 1262 (Miss. 1991) (quoting Stallings v. Bailey, 558 So. 2d 858, 860 (Miss.1990)). The claimant must prove these elements by clear and convincing evidence. West, 579 So. 2d at 1262.

These have not been met.
 

justalayman

Senior Member
Happy Trails said:
In Mississippi the requirements that need to be met are stated below:

To establish a claim of adverse possession, they must show that his possession was:
(1) under claim of ownership;
(2) actual or hostile;
(3) open, notorious, and visible;
(4) continuous and uninterrupted for a period of ten years;
(5) exclusive; and
(6) peaceful.

West v. Brewer, 579 So. 2d 1261, 1262 (Miss. 1991) (quoting Stallings v. Bailey, 558 So. 2d 858, 860 (Miss.1990)). The claimant must prove these elements by clear and convincing evidence. West, 579 So. 2d at 1262.

These have not been met.
So I guess that means :


Happy Trails to you, until we meet again
Happy Trails to you, keep smilin' until then...
Who cares about the clouds when we're together?
Just sing a song and bring the sunny weather.
Happy Trails to you, until we meet again..."
 

Happy Trails

Senior Member
justalayman said:
So I guess that means :


Happy Trails to you, until we meet again
Happy Trails to you, keep smilin' until then...
Who cares about the clouds when we're together?
Just sing a song and bring the sunny weather.
Happy Trails to you, until we meet again..."
It also means zhmo1will need to make a new "Happy trail".
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top