Legal Question in Real Estate Law in Indiana

I have a friend who bought this home (from a bank) back a lane which was a private lane. None of the paperwork shows there being an easement for the lane. The house has been there for over 8 years and the lane to the home has been there lots longer.

The reason the home is back this lane is that years ago the family who owned the farm deeded this couple of acres to one of the kids.

Now that the farm has sold to another person, this person says the new owner of the deeded 2 acres is tresspassing when he uses the lane.

I was thinking after a road is used for a time to get to ones home even tho there was never an easement on paper the road becomes an easement because of the time it was used.


Asked on 10/08/11, 5:29 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

There is no question in your posting. However, your friend has enough at stake to sit down with an attorney and explain her past usage of this lane to see whether she has acquired an easement or ownership of the land by operaion of law.

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Answered on 10/10/11, 8:21 am


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