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| In your case wanting to be helpful to a person by allowing access though your land for a term of 5 years or more could constitute a prescriptive easement. I don't know if at that point the argument could be made the prescriptive easement could transfer to new tenant or owner. If it was me, I would look at issuing a crossing permit to this tenant to be renewed on a yearly basis. In this permit would be your terms of season of travel, dates allowed. Width of right of way, terms of travel maybe being stopped until ground firms up after weather events. You could also go as far as making them list names of individuals or companies that will be allowed to travel this easement during this time period ech year. You could also go as far as stopping travel during hunting season to help stop trespassing on your property.
However, it's my assumption that if this tenant was able to buy this land in future and you just let them travel this route for more than 5 years without anything on paper, they would at that time have a green light to go ahead and continue this practice. The federal government will allow persons to cross cattle, travel lands that you have no permit or reason to be there. However, you must obtain a trailing permit for a set period of time, however if cattle currently in that area you could be stopped from being issued a trail permit if it could be detrimental to current users of the land.
At this point fences and gates with a yearly change of lock combinations could also be used in a crossing permit situation. Agreement signed and issued a new combination yearly. At this point I would think this would instill a privilege not a right. If it ever came down to going to court over it, you would have this documentation backing you up. | |
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Asking easement question again
