Legal Question in Real Estate Law in Indiana

Property /Easement

We have the only home which originally sat in a platted subdivision. Until the subdivision road was built we were to use a prescriptive easement to our house. The subdivision was never built and we purchased the land. We do have a written permanent descriptive easement over and along the platted roadways. Neither the city or county has maintained the strip of land (we have done this). One lawyer told us that it may be considered public access, but it was to be the access road to the subdivision. Is the undeveloped road considered public access, or do we have the right to claim it since it would have served the subdivision and we are the only ones that it comes to?

We would like to give up our prescriptive easement some day and possibly build a road to our house, but not if it is to be considered public access and we have to maintain it.

Thank you


Asked on 9/14/07, 4:38 pm

1 Answer from Attorneys
Mark Voigtmann Baker & Daniels

Re: Property /Easement

Without seeing a map of the parcels and exploring this further over the phone, I am unable to provide an answer. On the other hand, what you describe does strike me as something that is susceptible of legal analysis that would lead to an "answer" of some kind. Feel free to call if you would like to discuss further.

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Answered on 9/24/07, 12:54 pm


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