Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 11 minutes by:
11/15/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,022
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

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.

.

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

.

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

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question

Are you online with me?

Ask Your Own Real Estate Law Question

Ok, can you provide the information I asked about?

Ask Your Own Real Estate Law Question
Customer reply replied 9 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 9 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)

.

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.

.

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.

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,022
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,022
43,022 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

43,022 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Being sued by new owners of adjoining property to close
Being sued by new owners of adjoining property to close existing driveway easement that is the only access to my property from the sole public roadway. My property is surrounded on 4 sides by other ow… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,337 satisfied customers
I'm in ne and would like to know the law on an easement by
Second opinion] 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 padloc… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
My friend and I are on a hunting lease where the property is
My friend and I are on a hunting lease where the property is landlocked, there once was a public road that separates our lease property and another property. The road was abandoned many years ago. Adj… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My family own pasture of 70 acres. is land locked and we
my family own pasture of 70 acres. is land locked and we have always had access across the neighbors. owned land since 1952. a rock quarry has bought the neighboring property and fenced across that pr… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I live in Los Angeles county. My neighbors recently
I live in Los Angeles county. My neighbors recently purchased adjacent land to their property and my property that our little Equestrian neighborhood has used to access the trails for over 40 years. L… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
What are my rights- back yard backs to school yard
What are my rights- back yard backs to school yard playground divided by gated chain link fence-I've used the gate for many years to access school yard during non school hours-the school recently padl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
About 50 years ago there was a right of way to a barn behind
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 rentin… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,182 satisfied customers
We bought our house 6 of 2012. Previous owner let neighbor
We bought our house 6 of 2012. Previous owner let neighbor drive across property to access her house. She was not landlocked and has her own driveway to main road and where her mailbox located. She pa… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,459 satisfied customers
We have been driving over a road owned by a neighbor for approximately
We have been driving over a road owned by a neighbor for approximately 60 years to get to our farm. Is it safe to say we have prescriptive easement? How easy is it to prove prescriptive easements, are… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,022 satisfied customers
I have an abbutting landowner whos been crossing my land for
I have an abbutting landowner who's been crossing my land for years to get to his. Is there a way I can stop them from crossing my land?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
What are Hawaii law on landlocking property owners who have
What are Hawaii law on landlocking property owners who have accessed the lands over 65 years?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I will pay $49 for an answer. After 31 years of taking a short
I will pay $49 for an answer. After 31 years of taking a short cut across a non descript 25 feet of land to go over and feed my farm animals every day, with no concern from the previous owner, a new o… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
My sister lives on land owned by our father.In order to access
My sister lives on land owned by our father.In order to access her home,she must cross a corner of a neighbors property which has a longtime existing road as access to her home.The neighbor has said h… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My mom owns a lot with a long drive in IN. There is a house
My mom owns a lot with a long drive in IN. There is a house behind and one beside that use it, too. When first built, it was the only drive for the 3 houses. Our neighbor to the side claims the drive … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Where, in Massachusetts, a property-owner allows a group of
Where, in Massachusetts, a property-owner allows a group of home-owners unrestricted access to or across his property for 88 years and does not periodically and publicly assert his "dominion and contr… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
i had a OK to build a gate on my easement (iron gate, two pillars,
i had a OK to build a gate on my easement (iron gate, two pillars, with power) over ten years ago, now owners are thinking about having it torn down,what rights do i have.… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
We have owned 40 acres in Washington state for 2 years. In
We have owned 40 acres in Washington state for 2 years. In 1981 a "declaration of prescriptive rights" was stamped, signed and filed with the county. This "prescriptive easment" crosses through the ed… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We have 560 achers of land in oregon about 2 years ...
We have 560 achers of land in oregon about 2 years ago. A neighbor crosses our property to get to his. he goes over about 13/4 miles of our land. We are putting up a fence and gate at the front of pro… read more
Kara K.
Kara K.
Real Estate Attorney
J.D.
184 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x