prevent prescriptive easement

[Mi_Clements]

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

My neighbors used my land as driveway over 20-30 years without my permission. I feel it is not fair and asked them to pay me, but they claim have prescriptive easement already. I wander if I have any way to stop their such easement? Is that true they got such easement automatically after they used for a period?

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

 

[justalayman]

it is quite possible. It takes adverse use for a period of 20 years to be able to claim a prescriptive easement. I would have to look a bit to see if there are any other requirements to perfect the claim.

so, you can do a couple things;

acquiesce to the claim
tell them to stop using it

if you tell them to stop, you will have to attempt to enforce that in some way and if the neighbors want to make a claim of a prescriptive easement, they will have to seek a courts order making the taking official.

 

[Mi_Clements]

Thank you for reply.
I am thinking of:
1, building a fence to stop them - I am pretty sure the driveway is passing over my land. I have asked them to build their own driveway to egress.
or
2, go to court - I worry the cost may be more than I could gain.

Any comments?

 

[divona2000]

...I am pretty sure the driveway is passing over my land...go to court - I worry the cost may be more than I could gain...

The you really need to have a survey done first, before you try anything else. Might not even be on your land.

 

[justalayman]

as devona stated and for which I was remiss in not stating a recent survey is a great idea.

1, building a fence to stop them - I am pretty sure the driveway is passing over my land. I have asked them to build their own driveway to egress.

that's fine but if they sue you and they win, there will be a gate put in the fence

or

2, go to court - I worry the cost may be more than I could gain

. it often is but the problem is, if you block them and they do not want to accept your action, will they go to court? If so, you will either to have to acquiesce or spend the money and fight it.

 

[Mi_Clements]

Actually, I just hired surveyor and did survey. There is no doubt that driveway is located on my land. Looks I need to do something.

I have a question about "acquiesce to the claim": Is that may stop them getting the easement?

One more question: they have a driveway exit permit approved by Department of Transportation. On that permit, my predecessor promised give permanent easement to all lots after the driveway built. But that did not appear on my waranty deed, so I think it is not valid. I wander if that paper may favor them if I go to court?

Any comments will be appreciated.

 

[justalayman]

acquiesce means to not protest or to accept with silence.

that is not a good thing if you want to stop the period of prescription.

One more question: they have a driveway exit permit approved by Department of Transportation. On that permit, my predecessor promised give permanent easement to all lots after the driveway built. But that did not appear on my waranty deed, so I think it is not valid. I wander if that paper may favor them if I go to court?

whoa!!!

is there something on your deed such as:

subject to all easements, encroachments, or encumbrances of public record

if so, chances are what you just posted and that statement bind you to the easement agreement. What did the surveyor say about any such easement. Depending on what type of survey you have, part of the survey would include research to discover easements.

 

[Mi_Clements]

I just carefully checked the deed. There is no such words. Only two parts involved responsibilities:

1, "conveying a portion of the premises..." - means I got the land.
2, "subject to taxes of ... 1979..." - I have paid taxes accordingly.

I purchased this land from bank after the original owner died. I was never told any other responsibilities.

I hired the surveyor for clarifying border. Nothing else.

Is there any other possibility I can win?

 

[154NH773]

On that permit, my predecessor promised give permanent easement to all lots after the driveway built. But that did not appear on my waranty deed, so I think it is not valid. I wander if that paper may favor them if I go to court?

You should do a search of the titles to see if your predecessor actually granted an easement.

The fact that it doesn't appear on your deed means nothing. If he granted an easement, it is appurtenant to your property and runs with the land, regardless of whether it is in any subsequent deed.

If there was no easement granted, then if you go to court the outcome due to the many years of use, and the promise, may indeed favor them, but the court can find any way they want, so be prepared to spend some money and time without any assurance that you will win.