Can I permanently block a road that goes through my property?

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Can I permanently block a road that goes through my property?

About 3 years ago my husband and I bought our house. The land survey shows that the road we live on goes through a corner of our property, leaving a small triangle on the other side of the road. That section has a blind curve, people drive on it too fast, and dust is always being kicked up and enters our homeduring the summer months when we can open our windows. According to our title paperwork, there aren’t any written or verbal agreements regarding other’s use of the property. And when looking at the county assessor’s plotting maps there isn’t anything to say that the county owns it .Neighborhood residents can get to their homes using another route.

Asked on June 13, 2011 under Real Estate Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You seem to have done your paperwork as to the easement that runs over your land.  The legal terms for the matter is a road easement.  There are certain easements that are express and written in to deeds of property. But there are other types of easements known as implied or prescriptive easements.  An implied easement or prescriptive easement may arise when a use of property continues for a certain period of time. The example you give here - a neighbor has been crossing the corner of a property for years- the neighbor may have acquired a prescriptive easement to continue to cross the property in the same manner.  Seek legal help in your area.  Good luck.


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