Q: My back porch can only be reached through a small alley between between our two houses . we have walked this alley for
78 years , recently the house sold and was rented and the renter has blocked us out, do i have right away to my rear porch and yard. i have no other way in except this 4 foot alley?
A: It sounds as though you have a "prescriptive easement" based on continuous uninterrupted use, openly and notoriously, for more than 20 years. Alternatively, you may have a right to an easement by necessity, if there is no other way to access the rear of your property (although you could conceivably cut a door into the rear of your home, if that would provide reasonable access). You should first have a lawyer review the land records going back to when the properties were first subdivided and confirm if there was not in fact a recorded alleyway/easement/right-of-way on some deed that was subsequently left off of later deeds. You may have a recorded easement you are unaware of; however, it also sounds as though you are headed to court for a judge to declare your rights to use that alleyway, and prohibit the neighbor from blocking or interfering with your rights.
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