Easement by Prescription

[justalayman]

the time continues to run.

 

[DavidC1]

Several years back I gave him a key to the gate because I changed the lock. To me that was giving him permission to drive across my land. I should have the right to take permission away.

He has his name listed DBA name hunting club against me. If he happens to win this does that mean all his hunting club members get a PE across my land.

 

[justalayman]

=DavidC1;2816737]Several years back I gave him a key to the gate because I changed the lock. To me that was giving him permission to drive across my land. I should have the right to take permission away.

there you go. That is your proof of granting permission

He has his name listed DBA name hunting club against me. If he happens to win this does that mean all his hunting club members get a PE across my land.

the hunting club is who is suing you. If you lose this action, yes, the club would then have an easement.

 

[DavidC1]

I also gave a key to another person who has already told me he would testify in court that I had gave him a key to the gate for the same reason.

 

[justalayman]

I also gave a key to another person who has already told me he would testify in court that I had gave him a key to the gate for the same reason.

it never hurts to have support and corroboration for any claim you make.

The problem you have though which may make this entire discussion moot is:

depending on what has actually happened in court, none of the information talked about here may make any difference. If the judge is making a ruling as to the plaintiff's claim and is not in some preliminary stage of the case, his ruling may be the end of things. If you have had the opportunity to present your case and failed to present the necessary facts to defend your case, you don't get another shot at it because you did some more research and found another possible defense.

When a ruling is made, while appeals are generally possible, they do not allow the introduction of a new or different defense. They are taken on an error in the case already heard.

 

[DavidC1]

We haven't been to actually court where we can call witnesses. The judge told us this was just a hearing. He's ruling was only temporarily. So from what the judge said I haven't been to court.

 

[justalayman]

then get your ducks in a row so you have some real defenses to the claim. From what you have said, you should not have any trouble winning (barring there is not something else not presented here). It appears to be permissive use (license) which is revocable at the owners discretion.

 

[DavidC1]

The reason we weren't better prepared was that I recieved the court papers on Wednesday and had to be in court on Friday to defend myself.


I can prove that about 30 years ago me and my brothers help my father put up a gate to stop night hunting. The only way this leasee could have got to his leaseed land to hunt was that my father gave him a key to OUR GATE.
I would say that was giving him permission.
From what I have read the only way to get a PE is to not have had permission and travel across a piece of property for 20 years uninterrupted.

 

[justalayman]

yes, you would be correct about the 20 years uninterrupted and adverse use.

If you can prove the installation of the gate and the transfer of the key, it sounds like you might be on your way to prevailing.