Crazy Mountain Montana Trespassing Case

[tipsntails7]

Your definitions are totally in the ballpark. I'm not a lawyer,but a land surveyor who deals a lot with these things FOR lawyers

For the prespective easement, don't you have to prove history of use?


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[Johnson27]

Yes, just like adverse possession, history of use has to be shown/proven.

IMHO, it would be kind of hard to argue it's not been used for decades when it shows up on ancient maps with a trail number, there is a well worn trail, and the owner just now decides to block it.

Again, I'm not a lawyer, just a surveyor that would have to show that "trail by use" on a plat. Just MHO.

I'll be honest, I'm surprised that "prescriptive easements" have not been thought of/used more when I read all of these stories of access being blocked. Maybe I'm missing something.

 

[Scoot]

Adverse possession, you get to take control of the land and retitle it with a legal description after going to court. You then own it going forward and can deny the previous owner access, as well as everybody else. You legally steal someone's property by using it, planting it, mowing it, improving it for a certain period of time.

Prescriptive easement, you get to keep crossing the property on the trail or road that has existed historically even as the exact path may shift with erosion etc. It's open to travel, but the surrounding property owner hasn't lost title.

At least that's as I understand it... as a non lawyer. If I've muddled anything with my non-legalese, one of the sharks can straighten me out.

Thank you- very helpful!

 

[Bonedalien]

For the prespective easement, don't you have to prove history of use
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Yes you do. In my area its used a lot by ranchers crossing each others property to access ditch headgates