Posted by susan on June 14, 2005 at 17:25:36:
Sorry…the deeded easement he has is along and outside our south and west borders. This is stated on his deed. The ingress/egress shown on the orginal survey plat of our property is directly in the middle of our property. Our property and his was all part of our joint neighbor’s land but they divided and sold.
Deeded easement vs ingress/egress - Posted by Susan
Posted by Susan on June 13, 2005 at 17:51:28:
Owner of a vancant 4 acres behind us has a deeded easement to his property. On our property where we live and just bought there is an ingress/egress to the property. Can he sue for prescriptive easment on the ingress/egress since he has a deeded one?? We now have land fenced in after notifying him verbally and in writing of our intent to do so. This is in Alabama Thank you for any help in this matter
Re: Deeded easement vs ingress/egress - Posted by eric
Posted by eric on June 13, 2005 at 18:31:21:
Don’t understand the question.
If the neighbor behind you has a deeded ingress/egress easment across your property, you cannot block it and he can sue if you do.
Prescriptive easements have nothing to do with express easements (deeded). They are a means of acquiring an easement across someone else’s property after that person has been using it for greater than the statuatory period without permission.