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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 36067
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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a 6 foot wide easement is located along our north property

Resolved Question:

a 6 foot wide easement is located along our north property line this is used by the people across the road to get to the lAke


again it is 6 feet easement on our property with docking privileges
For 2 boats. In 1942 is when this was written up
He is now. Taking up
24 ft says he has every right
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  socrateaser replied 2 years ago.
Hello,

When did the easement holder start using 24 feet?

Please confirm that my understand is correct: the recorded easement states that it is six feet wide, and no more?

Thanks in advance.
Customer: replied 2 years ago.
Probably
Last 7 years. I have asked him to move both boats on one side of pier
He has put a boat left in and canopy for speed boat and went and bought a new big pontoon boat

6ft and no more

The part that is a problem is the wording with
Docking privileges for 2 boats
Customer: replied 2 years ago.
Steuben county indiana
We have met with mediator DnR judge
Brought in DnR attorney
Very detailed title search
Pictures showing their first fishing boat
We have owned lake house 30 years
And they r the only ones not staying with in
6 ft
Expert:  socrateaser replied 2 years ago.
You seem to be embroiled in a great deal of litigation already. Adverse possession (attaining title through hostile, open, actual, continuous and exclusive possession) of real property requires at least 10 years of such possession.

Control of the land of another via a prescriptive easement requires 20 years of similar use.

Given that this problem has existed for only seven years, it seems to me that you have an action for trespass against the easement holder, meaning that you can force the removal of the boat, the use of more than six feet of your land and obtain damages for the invasion of your property rights as well as any actual damages sustained.

I suppose that some reasonable settlement negotiations are called for, given the cost of litigating the matter. But, based on the allegations you describe, you will prevail in this dispute, if it goes to court.

Hope this helps
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 36067
Experience: Attorney and Real Estate broker -- Retired (mostly)
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