Chicago, IL asked in Real Estate Law for Indiana

Q: When must a property owner -servient- notify the other owner —dominant- that he or she can no longer use property

In order to avoid the prescriptive easement being granted in court due to failure to notify the dominant estate that he or she cannot use their property any longer ?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered

A: I am not sure of your question but obviously the servient owner wants to terminate the easement. This is a serious legal matter which should only be attempted by someone with competent legal advice. It may be easy, but then you may get sued. Hire a good lawyer to guide you as to what will happen if you put up a fence or barriers. You should presume you will have to litigate it, but hopefully enough time will transpire to protect you and your property.

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