Neighbors across an alley are claiming that for over 10 years they have been making a wide turn which comes onto our property to turn down the alley from the street. For a one year period their property was leased and the tenants asked permision to use our property and we have a signed contract. Can they still claim prescriptive rights?
From the facts you shared the permission and contract may eliminate the hostile element of the prescriptive easement. These cases are fact intensive and you will need to have an attorney review the situation .
Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes
As Mr. Alexander said, these cases are fact intensive. There are 3 questions you bring up. First, did the neighbors make the wide turns for 10 years before your contract with the tenant. Second, is the wide turn sufficient to create a prescriptive easement. Third, was the use one that gives rise to a prescriptive easement, or was it permissive under the circumstances. See an attorney
The advice given is general for information purposes only and should not be relied on. You should consult with an attorney of your choice to fully advise you about your legal rights and obligations.
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