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use of access road

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mamawsharon

Junior Member
What is the name of your state? Indiana
We have used an access road that crosses neighboring property for over 30 years to get to property that we own. We had a verbal with the previous owner, who has since died, that we had unlimited use of this road and to cross his property with a water line. This road was also a county road years ago and is shown on a plat and topol map. The new owner is a not for profit company and they want us to survey the road and give them money for their attorneys to write up an easement for us to have access to this road. After reading some of the postings on this site, could we use adverse possession, prescriptive easement or something else to keep from doing this? The county has also had us name this road and there is a sign with the name and private drive at the beginning of this road. Also how many years does Indiana law say we have to use this road before we could claim any of these things? Any info you can give me will be greatly appreciated.
 


justalayman

Senior Member
mamawsharon said:
What is the name of your state? Indiana
We have used an access road that crosses neighboring property for over 30 years to get to property that we own. We had a verbal with the previous owner, who has since died, that we had unlimited use of this road and to cross his property with a water line. This road was also a county road years ago and is shown on a plat and topol map. The new owner is a not for profit company and they want us to survey the road and give them money for their attorneys to write up an easement for us to have access to this road. After reading some of the postings on this site, could we use adverse possession, prescriptive easement or something else to keep from doing this? The county has also had us name this road and there is a sign with the name and private drive at the beginning of this road. Also how many years does Indiana law say we have to use this road before we could claim any of these things? Any info you can give me will be greatly appreciated.
If permission was given to use the road, you can never claim prescriptive easement or adverse possession. You were effectively given a license to use the road which is revocable.

The county road status; did the county formally abandon the road and allow it to revert to the adjacent or involved owners? Beware though, sometimes county roads are platted but never actually developed so it is/was never actually a road.

Actually the easement situation would probably be the cheapest route to enable you to continue the use of this road. It is also would carry on with the sale of either property. Jut be sure to define who and what gets done by who and paid for by whom concerning the use and maintenance of the easement.
 

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