Q: Can we be locked out of our property by a family member who purchased the property from our parents 55 years ago?
My sister and I inherited property from our parents in 2001, previously (55 years ago) our dad sold a parcel of the property to his nephew and I guess with a good ole boys handshake ingress and egress was granted to our parents. The county has also made part of the road a county maintained road, but his spouse has decided to stop us from using the road to reach our property. We have cattle on our property and recently have had some of our cattle missing from our land. We need to be able to get to the property to keep check on the animals there. She has forbid us from using the road and has called the Sheriff's department on my sister. Do we have any rights to use her property to reach our property? Is there some sort of law which says we have been using the road to get to our property for 55 years more or less? Thank you for helping us out.
A: Yes, you may have an easement by necessity &/or a prescriptive easement. Check with an attorney.
Charles M. Baron agrees with this answer
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