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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7310
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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About 50 years ago there was a right of way to a barn behind

Customer Question

About 50 years ago there was a right of way to a barn behind my property it was never surveyed off of the property. I bought the property about 35 years ago. A new person now has come in and is renting the barn out I have so many people passing thru my property now I don't even know them all I feel very unsafe. Do I have any protection over what is going on.
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
The people using the lane have nothing to do with the property that needed to get to the barn.
Expert:  Irwin Law replied 1 year ago.
I'm having trouble visualizing the location of the barn . Is it on your property? If not, why do people have to cross your property to get to it? An easement of access would exist if the barn sits on property that is landlocked except for the path across your property. Does the barn sit on property that is owned by someone else? Who is the person Who is now using the barn renting it from?
Customer: replied 1 year ago.
Yes the barn is on a little strip of land that is behind my property. My property is the best way to get to the barn. I do not mind my neighbor using it but he is making a business out of it. He is boarding it to people for raising cattle there are maybe ten or more people driving within feet of our house at any time of the day. We are seniors these people are strangers we feel unsafe.
Customer: replied 1 year ago.
The strip of land that the barn is on is connected to my neighbors property. I guess he figures it will cost him to much money to put in a road on his own property so he chooses to use my drive way because the owner before him did this. Like I said it is him making a business out of it that is the problem.
Expert:  Irwin Law replied 1 year ago.
As I understand it, the barn is situated on your neighbor's property, but the most convenient, but not the only path to it is across your property. The question arises as to whether the path has become an easement by prescriptive right (adverse possess), or if it is an easement of necessity for ingress and egress (landlocked property). Also, if it is an easement, can it be limited to the neighboring owner only and not be a public right of way. Overburdening an easement can be an issue. These are not easy questions to answer since the laws of easement are extremely complex. Here is more information about easements than you need to read, but it will give you an idea about the complexity of the subject: One fact that I see which favors your side is that there is other access to the barn other than the path across your property, so the path is probably not an easement of necessity. But that is not the only factor. If you are serious about taking legal action to stop the use of the path now, you will need a good real estate lawyer to handle it. I hope that this Answer is helpful, and that you will enter a positive rating for it.
Expert:  Irwin Law replied 1 year ago.
HELLO AGAIN. I hope that my Answer has been helpful. If you need more information, please send me a Reply. If not, I hope that you will enter a positive rating for my Answer so that I can receive credit for assisting you. Thanks again for using JUST ANSWER.