Q: Can I be sued for an easement from someone that has a corner touching my corner. His property is surround by state land.
We have not been formally served just threatened with suite. We have an 80 acre rectangular parcel that backs up to state land and touches corners with a private 40 acres that is surrounded on all 4 sides by state land. They have access through state land to get to it but it is through a decent amount of state land. These individuals cut a trail into our property and through state land when the previous owner was in hospital and no longer living here, this is all less than 10 yrs. The previous owners son has stated that they never had permission from them to even be on the property. And there is zero written proof of such from the individuals. I doubt that they will actually file but they have turned down a reasonable offer from us to just buy them out. We have small children and a horse farm we do not want these individuals driving on our trails or sides of our property. They have completely wrecked our trails by driving large trucks on them and leaving trash all over
A: Well that is a complicated problem that depends. When it comes to leaving trash, almost certainly they cannot do that. When it comes to easements like the one you are describing, the sooner you act the better. You don't want the trespass to 'spring into an easement' in a month from now.
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