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Ray
Ray, Lawyer
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Experience:  30 years in civil, probate, real estate, elder law
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If your relatives owned land a100 yrs ago, can a neighbor

Customer Question

If your relatives owned land a100 yrs ago , can a neighbor stop you from getting to your place of residents.
Submitted: 11 months ago.
Category: Legal
Expert:  Ray replied 11 months ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

You may have a prescriptive easement situation under Montana law.A prescriptive easement is a form of adverse possession. A prescriptive easement provides only a right to use the property of another for a limited purpose, while adverse possession is a

method of acquiring title to property. Both adverse possession and prescriptive easement actions 2

require proof of open, notorious, exclusive, adverse, and continuous possession or use for the statutory

period of 5 years. See Shors v. Branch, 221 Mont. 390, 720 P.2d 239 (1986).

In Montana prescriptive easement actions require proof of open, notorious, exclusive, adverse, and

continuous possession or use for the statutory period of 5 years.

The burden is on the party seeking to establish the prescriptive easement, and all elements must be proved.

Tanner v. Dream Island, Inc.,275 Mont. 414, 913 P.2d 641 (1996).

You would need a local lawyer to file suit to quiet title here claiming prescriptive easement.The court order awards you such an easement and then you have continued access to your property.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 11 months ago.

Lawyer referral to locate real estate lawyer to sue for your rights..

State Bar of Montana
Montana Lawyer Referral & Information Service
P.O. Box 577
Helena, MT 59624
Website: http://www.montanabar.org/
Phone:(###) ###-####/p>

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