Quote:
Originally Posted by GurleyGirl
Actually - a prescriptive easement does not require an owners permission. An example of this is if you own property on the river and people have been fishing in the river for many years and noone ever objected - then they may continue to do so. Another example is when people cut through your property to get to a bus stop (as was the instance for this new home owner) - they have been doing it for years - they can legally continue to do it and can even take the new homeowner to court to require them to remove the fence. I know it sucks - but it is the law.
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Yes, but even a prescriptive easement is not automatic -
when there is a conflict, someone must take action in order to make it legally binding.
This property owner objected to trespassing and built a fence.
The proper action for the community should have been to take the owner to court, prove all criteria for prescriptive easement had been met, and win the right to remove the fence.
Another possible scenario is that the property owner might have won the case!
Laws vary from place to place, but I'm willing to bet that no matter where you are, throwing trash at an annoying neighbor is
not a proper legal action.
My point was that those folks, (and people who applaud them) should look in the mirror before complaining about bad neighbors.