Legal Question in Real Estate Law in Connecticut
Affect of license agreement on previous easement
In the 1980's a road that provides sole access to otherwise landlocked property had the ownership divided down the center between an association using the road and a neighbor. For many years the neighbor has attempted to prevent an easement but use has been continual. Recently, the association entered into a license agreement with the neighbor to pass and repass in return for membership in the association. My question is: ''Does the agreement impact the associations ability to claim the easement when the license expires''.
1 Answer from Attorneys
Re: Affect of license agreement on previous easement
Does the assn claim a prescriptive easement by adverse possession? Has the requisite number of years been met (17 yrs, if memory serves)? If so, the easement is already established, although the claim might be weakened a bit by accepting the license. If years not met, the period of accumulation of years would be tolled during the period of the license.
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