
Quoting
larryboyuno
No, the lawyers don't have any idea - I am in a rural county and they don't seem to be the brightest. There is a famous case Schauer v. Baker which forbid a prescriptive easement because it had been 139 years with no written instrument and it seems by law - the one I quoted initially - that it expired after the 20 years of trespass and then 30 years of prescriptive easement ran ... so it seems since both parties agreed in this case that the use was continual for the duration, that this paved the way for the decision, if they had tried to argue (it seems) that the trespass began within 50 years then they would have probably have a great chance, I just can't confirm my interpretation, thus I am interviewing lawyers ... I wish I could get an unbiased opinion / interpretation ...
Yuo are right, the judge did indicate they had merit, mainly because their were alot of facts that he never heard, and I dumbly didn't have a lawyer with us at this point ...