cbg
Super Moderator
- Jurisdiction
- Maine
I have done my initial research but I am decidedly weak on real estate law. I got ignored "down the street" save for a single bump that I asked a friend for. I think I know the answer but I want to be sure I am reading the law right as I am not familiar with the terminology.
Ed owns a piece of land, on which he lives. George owns the land beyond Ed's. George's land is completely undeveloped. George's land can only be reached by crossing Ed's. Repeat, George's land is completely undeveloped. He does not live on the land in question. Ed does live on his land.
Prior to George taking ownership, Ed had always permitted people to cross his land to reach the undeveloped area. (It's a favorite make-out spot overlooking the water via a fire road.)
Let us suppose that Ed has permitted this for the 20 years required for an easement to be established. Ed dies and in his will, leaves his land to Jesse. Can Jesse put up No Trespassing signs and block any further access? If he can't, does it matter how much under the 20 years Ed permitted the access before his death?
It makes no never-mind to me and to my storyline how long Ed has permitted access. What I am looking for is a legal way that Jesse (who is the good guy, however it sounds above) can be permitted to block George's access. George and Jesse are in a standoff, each trying to buy the land of the other; I need Jesse to win.
Ed owns a piece of land, on which he lives. George owns the land beyond Ed's. George's land is completely undeveloped. George's land can only be reached by crossing Ed's. Repeat, George's land is completely undeveloped. He does not live on the land in question. Ed does live on his land.
Prior to George taking ownership, Ed had always permitted people to cross his land to reach the undeveloped area. (It's a favorite make-out spot overlooking the water via a fire road.)
Let us suppose that Ed has permitted this for the 20 years required for an easement to be established. Ed dies and in his will, leaves his land to Jesse. Can Jesse put up No Trespassing signs and block any further access? If he can't, does it matter how much under the 20 years Ed permitted the access before his death?
It makes no never-mind to me and to my storyline how long Ed has permitted access. What I am looking for is a legal way that Jesse (who is the good guy, however it sounds above) can be permitted to block George's access. George and Jesse are in a standoff, each trying to buy the land of the other; I need Jesse to win.