What're My Rights To Gain Access To My Home From Nearby Subdivison After 11 Years Of Unchallenged Use

[boyce]

My house is essentially "Land-Locked" To gain access to the trunk of my property I've been utilizing a 7 foot by 8 foot bit of house of the Organization behind us. I've been opening my property for 11 years. I've never ever been questioned. I'm presently gardening yard with landscaper employing my entry level. Written down 14 days prior without any arguments Impacted neighbors were informed 3 by me.Soon after two instances the landscaper received a get in touch with the police could be necessary illegal use. What're my rights?

[fyfe]

anniemdaffodils said: 2 You might be covered by what I think is termed an "easement of necessity" if this region is the only access to your home. My hubby purchased a property and house and 1 day woke up to some people laying a gravel driveway through the side lot. Turned out they were within their rights as they lived behind him and it was the only way in. Needless to say, it was quite annoying. There had been some restrictions, like he only had to enable 12 feet wide space for their access.Also, I've often study in newspaper genuine estate articles that previous continued use of an easement, even beneath hostile circumstances(which has not been the case with you) makes it possible for continued use. I do not know about the landscaping part. Laws and regulations possibly differ from location to location and state to state. Get in touch with your city offices to see what your alternatives are. 54 months ago

[Balfour]

[sproule28]

[Shiye]

FuzzyGold said: 3 In California you would have a "prescriptive easement". But you need to be able to prove that you have been using the proposed easement. Different states have different laws. You will need to consult with a lawyer to determine your rights. 54 months ago

[Tzadok]

You may be covered by what I think is termed an "easement of necessity" if this area is the only access to your property. My hubby bought a house and property and one day woke up to some people laying a gravel driveway through the side lot. Turned out they were within their rights as they lived behind him and it was the only way in. Needless to say, it was pretty annoying. There were some restrictions, like he only had to allow 12 feet wide space for their access.Also, I've sometimes read in newspaper real estate articles that past continued use of an easement, even under hostile conditions(which has not been the case with you) allows continued use. I don't know about the landscaping part. Laws and regulations probably vary from area to area and state to state. Call your city offices to see what your options are.

[Aramis]

In California you would have a "prescriptive easement". But you need to be able to prove that you have been using the proposed easement. Different states have different laws. You will need to consult with a lawyer to determine your rights.

[Trace]

Hi MrJaq, Welcome to Askville, I found this site...http://www.enotes.com/everyday-law-encyclopedia/trespassing. That tells a lot about the differences between trespass and adverse possession.   I was hoping that you had listed your ?state? on your profile page, because there is a list of laws by ?state? on this site.  You can check it out and see what applies in your area.   The fact that the ?association? has let you freely cross over that piece of their land for 11 years, may just come into play and give you some ?established rights? to continue to do so.   I?ve highlighted a couple of items under Adverse Possession that might be of help...but I don?t know if that will include having your landscapers use the access too.  Helen       Background Trespassing is a legal term that can refer to a wide variety of offenses against a person or against property. Trespassing as it relates to real estate law means entering onto land without consent of the landowner. There are both criminal and civil TRESPASS laws. Criminal trespass law is enforced by police, sheriffs, or park rangers. Civil trespass requires that the landowner initiate a private enforcement action in court to collect any damages for which the trespasser may be responsible, regardless of whether a crime has been committed. Traditionally, for either type of trespass, some level of intent is required. Thus, the trespasser must not simply unwittingly traverse another?s land but must knowingly go onto the property without permission. Knowledge may be inferred when the owner tells the trespasser not to go on the land, when the land is fenced, or when a "no trespassing" sign in posted. A trespasser would probably not be prosecuted if the land was open, the trespasser?s conduct did not substantially interfere with the owner?s use of the property, and the trespasser left immediately on request.     Adverse Possession Sometimes a trespasser continues trespassing for such a long time, the law permits the trespasser to have the right to stay on the land. This right ranges from the right to live on the land to the right to pass across it to get somewhere else. If the piece of property in dispute has been used by someone other than the owner for a number of years, the doctrine of adverse possession may apply. State laws vary with respect to time requirements; however, typically, the possession by the non-owner needs to be open, notorious, and under a claim of right. In some states, the non-owner must also pay the property taxes on the occupied land. A permissive use of property eliminates the ability to claim adverse possession. One common form of trespassing is when a neighbor?s driveway or fence encroaches onto someone else?s land. Sometimes the owner will not want to make an issue of the encroachment?either because it seems to be a minor problem or because the neighbor is a friend. To avoid problems later, however, the owner should give the "trespasser" written permission to keep the ENCROACHMENT for as long as the owner continues to authorize it. If properly handled, this document will prevent the trespasser from acquiring a right to continue the encroachment and from passing along this right to future owners.    

[Gradey]

Do you pay dues to the Association? Is your property a part of their subdivision? If the answer is "No," then I would suspect that unless you have an easement that grants you access, the answer is also "None."

[Ephrayim]

Before hiring an attorney, check with your local municipality in regards to their ordinances. They will be able to explain your rights and how to fix it, if it's fixable. Each city/township/county could have differing rules/ordinances, so you will have to make a call to your local governing body to find out your rights. They might also have a copy of the ordinances online that you can look at,or your local library.