Tag: Right Of Ways

Hostile: This involves issues such as the user not knowing the land was owned by another or using it due to a mistake about where the property lines were located.
Actual Possession: The claimant must have been physically present on the land.
Open and Notorious: This standard looks at whether the trespasser used the land in a fashion that was obvious to the owner.
Exclusive and Continuous: This tends to be the standard that upends claims. The trespasser must have physically used the land without interruption.

Posted on 10/25/2020

Why Homebuyers Should Worry About Easements & Right-Of-Ways

Photo by Andrew Martin via Pixabay It’s not uncommon for homebuyers to discover that the land they purchased may not be entirely their own. Another party may have gained a legal right to use or traverse your property. Easements and right-of-ways can be established by a number of mechanisms and go unnoticed, particularly in undeveloped parcels or when...

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IDX information is provided exclusively for consumers' personal, non-commercial use, and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Data deemed reliable but not guaranteed accurate by the MLS. Based on information provided to and compiled by SmartMLS. Data last updated: 04/26/2024 04:04 PM