I have long standing access from my property to a side road shared with one other neighbor who lives at the end of the road. He has filed for road vacation from the county so he can, as he says, "own the road" and cut off my access. I have proof that the easement has existed for decades. Will he succeed? The county seems only to care about saving money on road maintenance.
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Hi Chenise, thanks for your question. What county/state are you in? Based on the facts you've given me I can only comment generally on how your prescriptive easement could be affected but it seems like there are some county codes that bear on your problem that I would need to analyze as well to give you a better answer. Briefly, though it seems like you acquired the right to a prescriptive easement over use of the side road. Since you have the right to use that easement you also have the right to enforce it. However, whether enforcement is going to be practicable for you is another question. Legally, he will succeed only if you let him but you have to decide if it's worth it to you to enforce, in which case you might need a qualified attorney in your own state/jurisdiction. I'll try to write you a fuller answer once you give me more information. |
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