My question involves real estate located in the State of: Indiana
Town (unincorporated, less than 200 people) was set up with alleys and streets. An alley was established sometime in the 1800's next to a town alley. We own the property next to the town alley. Sometime in 2002, unbeknownst to us, neighbor bought the alley next to the town alley from the original owner's heirs of the land where the non-town alley was. Our family has owned property in town next to alley since 1950's. The town alley was always treated by us and all previous owners as belonging to our property. It is grass and always has been grass. There is a structure (a brick wishing well ) sitting on it with a cement base that said it was put up in 1941. Our home was destroyed in 1965 tornado and a new residence built in 1966. However, when it was rebuild it appears that it encroached on the town alley. There is a circle driveway that both properties shared. We have maintained the town alley for years and stoned the circle driveway. Our mother who owned the property died in and 2011 at the age of 91. Other property owner died in 2016 at the age of 103. We wanted to buy some property from the estate to make our property more of a square shape. This is when we all discovered that the 2002 sale had occurred. This sell in 2002, it actually shut off our use of the driveway so we could not get out unto the road. However, the old owner never said anything about it or had a problem with us using it to exit our property.
the new owner blocked our use of the driveway to the road. They have put buckets, boards, boards with nails in them, and generally harassed us about using the driveway exit. They say we were throwing stones on their property when exiting. They are now blocking access to roadway. They have torn out the gravel access port on our side of shared driveway and dumped a load of dirt in there at the end of driveway in our yard. shut down that end of driveway. We have no other means to get out of our driveway and property. We would have to put in a new driveway thru our yard. EMS and fire trucks could not get in either.
What can we do? Can they legally do this since the implied use of this driveway/easement has been in use for probably a 100 years. At least 60 since we have had the property and we bought it that way.
Town (unincorporated, less than 200 people) was set up with alleys and streets. An alley was established sometime in the 1800's next to a town alley. We own the property next to the town alley. Sometime in 2002, unbeknownst to us, neighbor bought the alley next to the town alley from the original owner's heirs of the land where the non-town alley was. Our family has owned property in town next to alley since 1950's. The town alley was always treated by us and all previous owners as belonging to our property. It is grass and always has been grass. There is a structure (a brick wishing well ) sitting on it with a cement base that said it was put up in 1941. Our home was destroyed in 1965 tornado and a new residence built in 1966. However, when it was rebuild it appears that it encroached on the town alley. There is a circle driveway that both properties shared. We have maintained the town alley for years and stoned the circle driveway. Our mother who owned the property died in and 2011 at the age of 91. Other property owner died in 2016 at the age of 103. We wanted to buy some property from the estate to make our property more of a square shape. This is when we all discovered that the 2002 sale had occurred. This sell in 2002, it actually shut off our use of the driveway so we could not get out unto the road. However, the old owner never said anything about it or had a problem with us using it to exit our property.
the new owner blocked our use of the driveway to the road. They have put buckets, boards, boards with nails in them, and generally harassed us about using the driveway exit. They say we were throwing stones on their property when exiting. They are now blocking access to roadway. They have torn out the gravel access port on our side of shared driveway and dumped a load of dirt in there at the end of driveway in our yard. shut down that end of driveway. We have no other means to get out of our driveway and property. We would have to put in a new driveway thru our yard. EMS and fire trucks could not get in either.
What can we do? Can they legally do this since the implied use of this driveway/easement has been in use for probably a 100 years. At least 60 since we have had the property and we bought it that way.
Use and Enforcement: Easement Rights
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