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| I got no dog in the fight. Most who did are no longer with us.
Basically a farmer owned and farmed side A of a parcel. He rented side B. A dirt road was right down the middle of the border. Since he farmed both sides and owned half, he never asked permission for decades. Side B owner died and shortly there after, new side B owners bring in a new tenant. New tenant demanded to use the dirt road out of convivence as it was not the only access point. Side A owner said, "No". Side B tenant said, then you will not use it either. Courts gave permissive easement to Side A owner and Side B tenant also got the pleasure of paying all the legal fees.
Update: Okay I got a little more info after asking. You have to satisfy the "adverse use" condition. Evidently original Side B owner had asked Side A owner if he would move the path to his side or abandon entirely so it could be farmed. They generally got along but Side A declined. This proved to later satisfy adverse use.
Edited by reformedbanker 3/17/2026 09:05
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What would you do?
