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I'm in ne and would like to know the law on an easement by…

I'm in ne and would...
I'm in ne and would like to know the law on an easement by prescription. We have used a neighbors path to our landlocked property for 30+ years. Now suddenly we are dealing with padlocked gates denying access. From what I've read, after ten years in Ne of continuous use, we shall have access undeniably. Thank you.
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Answered in 11 minutes by:
11/15/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,050
Experience: 17 years real estate, Realtor. Landlord 26 years
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Did you have permission from the neighbor to use the route or did you just use it without any express permission?

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Do you have any other route to access your property via the nearest public road?

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thanks

Barrister

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Ok, can you provide the information I asked about?

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Customer reply replied 3 months ago
i can provide...we've had permission without interruption all 30+ years and no, this is the only access by vehicle
Customer reply replied 3 months ago
I am online with you awaiting your response

Ok, the fact the you had permission actually doesn't help you... That means that you had a license, and can't claim an easement by prescription since that requires your use to be hostile (i.e. without permission)

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If you had not had permission, the adverse possession laws in NE would control as to when you would gain legal rights to use of the land. In Nebraska the period of time for adverse possession must be at least ten (10) years. Nebraska Code §25-202.

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However, if the neighbor blocks that access, and you have no other shorter route to a public road, you could file a quiet title action for an easement by necessity because the law won't allow landlocked parcels.. You can file the "quiet title" lawsuit to have a judge issue a formal order stating that you have the right to access your property using that route.

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thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,050
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,050
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Experience: 17 years real estate, Realtor. Landlord 26 years

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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