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My father purchased 33 acres of land 50 years age an he

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never recorded an easement. He...
My father purchased 33 acres of land 50 years age an he never recorded an easement. He has always been given right of enjoyment to use the land an cross from another owner property. I am know not able to get to my property because they will not give me access, my mother is 88 year old what can she so. She can not afford to. Di she have an implied easement
Submitted: 2 years ago.Category: Real Estate Law
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12/4/2015
Real Estate Lawyer: RONB-ESQ, Lawyer replied 2 years ago
RONB-ESQ
RONB-ESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 357
Experience: Right of Way Manager at Access Midstream Partners, LP
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Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

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Real Estate Lawyer: RONB-ESQ, Lawyer replied 2 years ago

IN Tennessee it takes 20 years to establish a prescriptive easement. If you can demonstrate that your father used the land, open, adverse and continuous during that 20 years. Generally adverse just means that he knew the property was not his and used it anyway and that the actual owner never granted permission making it an adverse use of the land. Continuous is open to interpretation it does literally mean continuously, but it should have been routinely used throughout the 20 year period. And open just requires that he openly used it where the actual owner could have seen him or should have reasonably known that he was using it. (basically he did not hide his use, but it was obvious to actual owner). With that you have a prescriptive easement. The issue comes up when someone challenges it. The only way that you can enforce it is to go to Court and file a suit to "quiet title" and have the Judge declare that the prescriptive easement exist. You could take that final order and record it in the real property records of your county after final judgment and it would then be there forever for use by some later owner. It would be a legal determination that the easement was created (for the limited purpose in this case of ingress and egress from your property). You should consult with a local real estate attorney and have him review the facts as well. It may be that you could negotiate with the current owner a price to purchase a written easement that is equal to or less than the cost of the attorney fees going to Court. Buy my first stop would be to a local real estate attorney as he could also negotiate that potential purchase if he also mentions that once the suit is filed then actual landowner is going to be out attorney fees as well.

I hope this answers your question and thank you in advance for leaving me positive feedback as that is how I am compensated. Do note that even after leaving feedback you are welcome to reply to obtain clarification or add facts that might change my answer.

Regards,

Ron

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Real Estate Lawyer: RONB-ESQ, Lawyer replied 2 years ago

I am signing off for the night but i will be available after 12:00 PM CST tomorrow and would be happy to reply to any questions or request for clarification you post. Feel free to post in the morning and I will respond to it around noon.

Regards,

Ron

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Real Estate Lawyer: RONB-ESQ, Lawyer replied 2 years ago

It is my goal to provide you excellent service and do my best to fully answer the question you posted. The only way I get any credit for my answer is if you give me a positive rating between good-excellent. I would truly appreciate you taking the time to go back and review my answer and give me feedback. In the event you don’t feel like I answered your question please reply so I have an opportunity to fully answer the question you asked. In the event you have already provided feedback and I missed it Thank you and please disregard.

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Real Estate Lawyer: RONB-ESQ, Lawyer replied 2 years ago

It is my goal to provide you excellent service and do my best to fully answer the question you posted. The only way I get any credit for my answer is if you give me a positive rating between good-excellent. I would truly appreciate you taking the time to go back and review my answer and give me feedback. In the event you don’t feel like I answered your question please reply so I have an opportunity to fully answer the question you asked.

Regards,

Ron

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Real Estate Lawyer: RONB-ESQ, Lawyer replied 2 years ago

Hello again,

I wanted to check in with you and confirm that you did not have any further follow up questions for me from the answers I provided to you on the 3rd. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received a rating. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can go directly to my page for future questions by going here: http://www.justanswer.com/law/expert-ron-b/?rpt=3800

Regards, Ron

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