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<p>[QUOTE="medoraman, post: 1000492, member: 26302"]Hobo and Conder are both right. For land, both an easement and total loss of title of the land can be created by others use. The legal term as adverse possession. The classic example is someone puts up a fence on your property, mows the grass, pays taxes, etc for a period of years. After a certain period the original owner has lost his title to that land through adverse possession. The other case is people use the land for a certain purpose, but generally do not treat the land as their own. A way of thinking about it is they treat the land as if it is public land, with use rights to everyone. Again, after a period of years this will create an implied easement, which the owner will not be allowed to stop. My friend bought a house in which people used as a makeshift alley, through his driveway and attaching to the driveway behind. He was sued when he closed it off and luckily was able to have the original owner prove that this only started 4.5 years before, short of the state's adverse possession law for implied easements. I think he got lucky by 6 months.</p><p><br /></p><p>With land you need to be very sure what is happening, and make sure others aren't doing something without your permission for long, or it may get taken out of your control.[/QUOTE]</p><p><br /></p>
[QUOTE="medoraman, post: 1000492, member: 26302"]Hobo and Conder are both right. For land, both an easement and total loss of title of the land can be created by others use. The legal term as adverse possession. The classic example is someone puts up a fence on your property, mows the grass, pays taxes, etc for a period of years. After a certain period the original owner has lost his title to that land through adverse possession. The other case is people use the land for a certain purpose, but generally do not treat the land as their own. A way of thinking about it is they treat the land as if it is public land, with use rights to everyone. Again, after a period of years this will create an implied easement, which the owner will not be allowed to stop. My friend bought a house in which people used as a makeshift alley, through his driveway and attaching to the driveway behind. He was sued when he closed it off and luckily was able to have the original owner prove that this only started 4.5 years before, short of the state's adverse possession law for implied easements. I think he got lucky by 6 months. With land you need to be very sure what is happening, and make sure others aren't doing something without your permission for long, or it may get taken out of your control.[/QUOTE]
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