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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22439
Experience:  14 yrs estate law, real estate. Wills/Trusts/Probate
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We have been crossing our next door neighbors undeveloped

Customer Question

We have been crossing our next door neighbor's undeveloped property to get to the next house since about 2002-2003. The property is now being sold , and it is likely that the new owner will deny our access across his/her land. What rights do we have?
Submitted: 12 months ago.
Category: Estate Law
Expert:  Barrister replied 12 months ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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What rights do we have?
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If you are asking if you have gained some type of property rights to keep crossing the land owned by the neighbor, unfortunately the answer would be no. Unless someone has a recorded easement over a property or has acquired one through adverse possession, then they have no legal right to enter the property of another person. In Idaho, in order to be able to claim an easement by use, you would have to meet the statutory requirements for adverse possession which is open and notorious use for over 20 years. (Idaho Code §5-206 through 210)
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Unfortunately, since this would be her private property, she can prevent you from accessing it if she chooses to. Without her permission, this would legally be trespassing and could result in a criminal charge.
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I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 12 months ago.

What is "adverse possession" and what do you have to do to qualify for it?

Expert:  Barrister replied 12 months ago.
You have to openly, hostilly and notoriously use the property of another for a statutorily prescribed time. In Idaho, that time is 20 years. So if you had crossed the land of the neighbor, legally trespassing, for 20 years, then you would be able to claim a legal right to continue to do so.
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But if you are prevented from doing so prior to hitting that 20 year mark, then you can't claim an easement by adverse possession.
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Thanks
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22439
Experience: 14 yrs estate law, real estate. Wills/Trusts/Probate
Barrister and 2 other Estate Law Specialists are ready to help you
Expert:  Barrister replied 12 months ago.

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

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It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help or get you to someone who can.

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Barrister

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