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    pete38dat's Avatar
    pete38dat Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 20, 2011, 08:38 PM
    Questions about making roads on property without easement?
    I own one acre that my house is located on, adjoining my property to the east is a brother who has 25 acres. He does not live there and has not lived there for about 10 years. He made a road through our yard to get to his 25 acres. The road goes about 3 feet from our bedroom window. He has taken things out of our yard and we have found them in a shed on his property. We have ask him to not go through our yard to his 25 acres and he refuses to use alternate routes. He has 3 other accesses to his 25 acres but he is stubborn and you are not going to tell him what to do. He has no easement on our property. We have lived here for 15 years and own our home. If a tree limb even gets close to the road he will take a chain saw and saw it off to the trunk of the tree just to make a statement. He has been using this road over 7 years. What can we do?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Mar 20, 2011, 09:33 PM

    We need to know what state you are in to see what the adverse possession/ prescriptive easement statute of limitations is. Is there any way you can physically block the road: maybe put a chain, dirt pile, vehicle, etc. in the way?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Mar 21, 2011, 03:53 AM

    Why have you let him for this long? As noted, at this point he may have the right to use the road on the basis of adverse possession. ANY question on law needs to include your general locale as laws vary by area.

    If adverse possession doesn't apply, then you NEED to do something to block off the road. Put up a fence, plant hedges, something. Then you take a picture showing what you have done. If he damages whatever you put up, then you file suit against him. But that will be your only option.

    P.S. please don't type in all caps, its considered shouting.

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