Re:Cruise
by lalalander on Thursday April 14, 2016 @12:27AM
(#11494301)
This was extremely scummy of the real estate developer and I'm surprised it actually happened. Do you have any idea how the real estate developer and their lawyers managed to win the case?
Actually the law is often on their side, so it was likely not hard. Around here this happens all the time and so people are aware that gates need to be locked, signs posted etc, otherwise a Prescriptive Easement may be created :
http://www.dirtlawyer.com/pe-summary.html
IANAL but I have paid one in the past to get advice on this subject. ymmv, laws vary by jurisdiction, etc.
According to grandfather’s sibling[0], it may be that the crossing onto the other land became a subject of an adverse possession. Apparently in such a case you’re supposed to have a clear notice[1] on the property in question if you don’t want to lose it.
[0] https://news.ycombinator.com/item?id=11494002
[1] https://en.wikipedia.org/wiki/Adverse_possession#/media/File...
A real estate developer bought the other piece of land. He hired a lawyer who filed a lawsuit saying that after a number of years of access that farm lane had become a public road even though those kids were illegally accessing that other piece of land.
The real estate developer won his case and had the farm lane paved and declared a county road. The developer then started a subdivision and eventually purchased my bosses land to extend it. If my boss had kept his farm gate shut and padlocked none of it would have happened but he was trying to be a nice guy and paid dearly for it.