Good morning. I'll be assisting you with your question.
When you purchased the property, were you given an easment for the road?
no..my father owned the farm since the mid 70's. At that time the road was a dirt road that was used as a short cut to get cattle to market. The land was eventually subdivided in the 80's and sold to the 5 individuals that live there today. They have the easement I only have a right of way that was granted by a neighbor that ajoins my land.
OK. Even though you don't have an express easement, you may still have an implied easement.
An implied easement is inferred from the actions of the parties and the facts and circumstances surrounding the transaction. To establish an easement by implication,you must show:
Further, you may have an easement by prescription.
My farm has access to a public road would this change the implied easement since I am not landlocked?
A prescriptive easement is created when a person, makes continuous, uninterrupted, open, visible, and exclusive use of the land over which he claims the easement for a period of twenty years or more with the true owner's knowledge and acquiescence.
It might, but it would not change the fact that you may have a prescriptive easement.
My family has used the road, my mother still lives on the farm but I have ben out of state for several years would this pass on to me as a prescriptive easement?
A perscriptive easement is similar to adverse possession, if you are familiar with that. Basically, if you use the property (in your case, a road) for long enough while the other owners are aware you are using it, and they do nothing to stop you, you've created an easement.
Yes. In every state I'm aware of, prescriptive easements pass.
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