Can I Obtain A Prescriptive Easement

[Mr Smith]

We are wondering if we have any rights to a 250 ft long area in which our driveway is approx. 2 feet on our neighbors land. We have been using the road since 1993. We had been given verbal permission by our neighbor at the time because he thought it would be a good place for the road in case he ever needed a secondary route to his home. He never used it. At one time when we were working out of town, a local farmer who leased this land, drove 1 in steel posts 5 foot in the ground through this stretch of our road making it impossible to use (trees etc. blocking alternative routes). When we came back we cut the posts off and there was never any other word of it. Now, this same local farmer is causing trouble again and our neighbor who had given us the original permission is no longer alive. His wife now leases the land to the local farmer. Do we have any rights to this portion of the drive that was have always used. We are in Missouri. Thank you.

[Mr. Knowitall]

What does the original owner's wife say?

Permissive use is premised upon permission, and permission can be revoked.

[Mr Smith]

She seems to do whatever the local farmer that leases her land tells her to do. She hasn't told us that we cannot use the road any longer but the local farmer is stirring up trouble, wanted to up new fences, move fences, etc. He has some fences on the north property line that are on our land. I think he moves them a few inches more on our property every time he fools with them. This whole thing got stirred up a few weeks ago when one of the farmers employees was hunting on the womans' property but was only standing on her property and pointing the guns at our neighbors that don't allow hunting. The guns were actually pointing at me when I rounded the turn in my truck...very dangerous people. Hunting right across our driveway. Another guy was blocking our driveway with his pick up and hunting out of the back. We made them leave as that part of the driveway is legally deeded to us and our neighbors, besides it is illegal to hunt out of the back of your truck! That night the guy called with several vulgar threatening phone messages and we went to the police to get it on record. The case is pending and we have not decided whether to press charges. To make a long story longer, just after this happened is when the local farmer that leases the womans land started talking about new fences and he said it was directly related to the hunting incident. So as you can see, this is not just about an easement. We have bullets whizzing through our woods at us, bullets holes have been shot through our shed and plane, dogs trapped, sitting in our living room and notice some guy is pointing a gun at you from the hill top at the neighbors, you name it. We are probably just going to rebuild the road in the spring so we won't have any issues if we try to sell the property. I just thought it might be easier to see if we could get that easement and I have no idea how that works or what is involved. I am assuming you file a legal claim or something? I will go out today and read some other posts and maybe I can find my answers, I was just wanting some advice. Thanks.

[Mr Smith]

Oh one more thing. Our neighbor to the south has a better relationship with the woman that owns the land to the north (the wife) and tried to set up a meeting with her and her son to discuss the issues with the fences, hunting, etc. And the son was not available (he was in town for one night and I had personally asked him to meet with us as well) so the woman was willing to meet with us but not without the local farmer who leases her land. He is a trouble maker and we really don't want to meet with her with him present. Maybe that is a mistake on our part but he is one sneaky, greedy guy. We just want to tell her what is going on without him present. Our neighbor to the south, also concerned about what the farmer is going to do with the fences wants to go to the prosecuting attorney this Wednesday if he will meet with her. She wants us to go along.

[LandSurveyor]

First, if guns are involved in a land dispute, you need to retain the services and advice of a local attorney immediately. Don't do anything that might provoke anyone.

This sounds like a real fur ball of a a dispute. Don't try to sort it out by yourself without the advice of an attorney and the services of a land surveyor.

[Mr Smith]

Thank you for your response! I pretty much forgotten about this particular stretch of road for now and we will move the road in the spring. In the meantime, the farmer leasing the ground went out and surveyed our legally deeded non-exclusive road easement which gets us back to our property (and two other neighbors) yesterday. He is really wanting to make some trouble but I am hoping he was dissappointed with the results. From what I can see, the surveyor posts that have been placed indicated the true center of the road easement very close to where it should be. We have 16 1/2 feet (1 rod?) and from what I can tell from these markers, our road is within that 16 1/2 feet. I think he had plans to put a fence down the middle of our deeded access road if it was not exactly where it should be. Can he do this if that road has been in place since the 50's?

One other question I have is can the land owner who owns the land now, also use our road since it is a non-exclusive easement? (and anyone she leases the land to?) The road easement runs on the very edge of her property and a different land owner borders the other side of the road. Thanks!