How to protect against an easement by use

[cfluder]

I live in Michigan. My husband and I own 32 acres, all of which is undeveloped land except for our house and barn. The property on either side of us is owned by members of the same family--one brother owns land adjoining us on the east, and another owns property adjoining us on the west. A few years ago the brothers suggested that we cut a trail for foot traffic and cross-country skiing across our property. We occasionally skied on their properties in the past and so thought this was an acceptable reciprocal arrangement--after all, it was only for the use of us and them--or so we thought.

Well, it wasn't long until our neighbors started hosting ski parties and hiking events for church groups and other clubs, and finally they even advertised a "public" ski party in connection with a nonprofit organization that they administer. That was just too much. We began to worry about liability issues and told them to forget it, that we were eliminating the trail (letting it grow in) and that they should stay off our property for then on.

We have posted the property according to legal specifications, but now strange people periodically turn up who want to use "the trail." We always point out the "no trespass" signs and tell them to leave, but we are starting to suspect that the two neighbors are behind this, as we have good reason to believe they are trying to position themselves to market their properties to our county as a park or some type of public use recreational facility.

I know that people can sometimes acquire an "easement by use" or an adverse posession of another's property. Can you explain these types of easements and how we can protect ourselves from this? All three properties (ours, and that of the two brothers) have frontage along the same county road; thus, they already have access to each other's land.

Thanks for any information and clarification you can provide.

 

[racer72]

Your property does not qualify for "easement by use" or "adverse possession". Easement by use (also known as easement by prescription) is a right to use property through a long tradition of open and obvious use. This would take years to happen and you could not have complained about the use. Neither of these actions happened. Adverse possession could only happen if a neighbor uses property for a set period of time (usually 10 years) and treats is as their own. And in some states it would require the person using the property to have paid taxes on the property for 5 consecutive years. You used the property as your own so that would not apply. Even if the brothers develop their land as a park, they have no recourse to force you to allow them access to your land. Private citizens cannot condemn property for their own use. If your only concern is liability of those using your land, you could have the brothers sign a contract forcing them to provide insurance coverage for anyone using your property. And if they are profiting from the endeavor, you could also mention that you would like a piece of the pie too.

[Edited by racer72 on 04-09-2001 at 08:40 PM]

 

[mary ray]

you get what you pay for

Adverse possession requirements vary from state to state. It would be wise to look at your state code and determine what are the requirements.

[Edited by m martin on 04-23-2001 at 02:12 PM]

 

[racer72]

Madam, I would suggest that if you think you can do a better job, have at it. I spent over 2 hours getting the information I used to answer this post and I used the laws of Michigan as a guide. And I run most answers I give through the attorneys at the law office that I am currently sitting in getting the experience I require to enter law school this fall. I have recieved many emails thanking me for the information that I have given. I have given some incorrect information but I have always emailed the person that wrote the original post and let them know. I would suggest that if you do not agree with the posts I leave don't read them.