Comprehensive Guide to Easements and Rights of Way for Apison Property Owners
Easements and rights of way affect many property owners in Apison and Hamilton County and can determine how land is used, accessed, and maintained. Whether you own residential property near a shared driveway or commercial land bordering a utility corridor, understanding legal rights and obligations is important to protect your investment and resolve disputes. Our content focuses on practical steps property owners can take to identify, document, and address easement issues while considering local Tennessee rules and recording practices. This introduction helps you orient to common scenarios, the types of claims that arise, and when it may be helpful to seek legal guidance.
Conflicts over easements and rights of way can arise from ambiguous deeds, changes in property use, or neglected maintenance responsibilities. In many cases, early review of recorded instruments and careful communication among neighbors can prevent disputes from escalating. This paragraph outlines what to expect during initial inquiries, including title review, site inspection, and discussion of possible resolutions such as negotiation, easement modification, or formal enforcement. The goal is to give Apison property owners a clear starting point for protecting access, preserving property value, and resolving disagreements with minimal disruption to daily life.
Why Addressing Easements and Rights of Way Matters for Property Owners
Resolving easement and right of way issues protects the practical use of land and minimizes long term financial and legal risk. Clear agreements and properly recorded instruments ensure access for utilities, driveways, and maintenance while preventing unexpected encroachments or restrictive claims. A proactive legal approach can preserve property value, reduce liability for improper use, and help neighbors reach workable arrangements without litigation. Addressing these matters early also helps when selling property by clarifying rights and obligations for prospective buyers, avoiding surprises in title searches and closing processes in Tennessee.
About Jay Johnson Law Firm and Our Real Estate Practice
Jay Johnson Law Firm serves clients across Tennessee, including residents of Apison and Hamilton County, with practical legal support in real estate matters. The firm handles easement and right of way issues through careful review of deeds, title records, and municipal documents, and by advising clients on negotiation strategies and formal dispute resolution when necessary. With attention to local land use patterns and recording customs, the firm guides property owners through resolving access concerns, drafting enforceable agreements, and navigating court filings if required, while emphasizing clear communication and realistic solutions.
Understanding Easements and Rights of Way in Tennessee
Easements and rights of way create legal permissions for use or access over someone else’s property without transferring ownership. These interests can be created by express written grant, implication, necessity, or long use that leads to prescriptive rights under Tennessee law. Common examples include shared driveways, utility corridors, and pedestrian passages. Understanding the legal basis for an easement begins with examining recorded deeds, plats, and utility agreements, and may require evaluating historical use patterns and whether required formalities were observed when the interest originated.
Determining the scope and enforceability of an easement involves assessing the language of the creating document, the intended purpose, and any limitations on use. Courts often look to the original intent, reasonable necessity, and the extent of actual use to decide disputes. Property owners should also consider whether maintenance obligations, liability issues, or potential termination conditions are documented. Properly identifying these factors can clarify rights for landowners and adjacent property holders, reduce the likelihood of conflict, and inform options for modification, relocation, or extinguishment of an easement.
What an Easement or Right of Way Is and How It Works
An easement grants a defined use of another’s land, typically for access, utilities, or ingress and egress, while a right of way specifically allows passage across property. These interests are limited by the terms under which they were created, and they do not generally convey ownership of the land beneath. Understanding how easements function requires examining recorded instruments and historical use. Legal counsel can help parse ambiguous language, interpret reservations or exceptions, and identify whether an interest is appurtenant, benefiting a particular parcel, or in gross, benefiting an individual or entity regardless of land ownership.
Key Elements and Common Processes in Easement Matters
Key elements in an easement dispute include the written instrument creating the interest, any recorded plats, historical use evidence, and the presence of maintenance or indemnity clauses. Processes often start with a title and public records review to identify recorded rights, followed by a site visit and documentation of actual use. Negotiation between parties may resolve issues through amendment or clarification. When agreement cannot be reached, formal approaches such as quiet title actions, enforcement suits, or declaratory judgments become available to establish rights and responsibilities under Tennessee law.
Glossary of Important Terms for Easements and Rights of Way
Familiarity with common legal terms helps property owners navigate easement issues more confidently. The glossary below defines frequently encountered concepts, including how interests are created and described in public records. Understanding these terms can help you read deeds and plats, communicate more effectively with neighbors and professionals, and evaluate whether a proposed use aligns with recorded rights. If questions remain after reviewing definitions, a title review and legal consultation can clarify how the terms apply to a specific Apison property.
Easement Appurtenant
An easement appurtenant benefits a specific parcel of land and transfers with the property when ownership changes. It involves two parcels: the dominant tenement, which benefits from the easement, and the servient tenement, which bears the burden. This type of easement typically persists through successive owners so long as it continues to serve the benefited parcel. Understanding whether an easement is appurtenant is important for buyers and sellers because it affects long term access rights and obligations that run with the land.
Prescriptive Easement
A prescriptive easement can arise when someone uses another’s land openly, continuously, and without permission for the statutory period required under Tennessee law. Unlike an express easement created by written agreement, prescriptive rights are based on long term use that the owner did not contest. Establishing such a claim typically requires documentation of the nature, duration, and character of the use, and disputes over prescriptive rights often lead to litigation to determine whether the necessary legal elements have been met.
Easement in Gross
An easement in gross benefits an individual or entity rather than a particular parcel of land. Common examples include utility easements that allow companies to install and maintain lines across multiple properties. Because the benefit attaches to a person or company, rather than to adjacent property, the transferability and duration of easements in gross depend on the terms of the creating instrument and governing law. Establishing the nature of the easement is essential to understanding whether it may be transferred or terminated.
Termination and Modification
Easements can be terminated or modified by agreement of the parties, abandonment, merger of the dominant and servient estates, or by court order in certain situations. The specifics depend on how the easement was created and local legal standards. Modification may be negotiated to relocate an easement or change maintenance responsibilities to better reflect current conditions. Documentation of any change should be recorded to prevent future misunderstandings and to ensure clarity for subsequent owners and title searches.
Comparing Limited and Comprehensive Legal Approaches for Easement Issues
Property owners can pursue different approaches when they encounter easement disputes, from limited interventions like document review and outreach to neighbors, to more comprehensive strategies involving negotiated agreements and litigation. A limited approach may resolve straightforward matters quickly and at lower cost, while a broader strategy addresses more complex factual or title problems and seeks durable resolutions. Evaluating the nature of the issue, potential financial exposure, and the likelihood of voluntary cooperation helps inform which path is most appropriate for each particular situation in Apison.
When a Limited or Targeted Approach Is Appropriate:
Simple Title Clarification or Minor Use Disputes
A limited approach is often appropriate when the underlying documents are clear and the dispute concerns a minor interference with use or maintenance. In such cases, a careful review of recorded deeds and plats followed by a direct conversation with the other party can resolve misunderstandings. This path is also suitable when both property owners are willing to document a short term arrangement or clarify responsibilities without engaging in formal litigation. The goal is to reach a practical resolution that restores normal access or use with minimal expense and disruption.
Short Term Agreements or Temporary Adjustments
Situations that call for temporary adjustments, such as seasonal access changes or short term construction needs, can often be addressed with limited agreements. Negotiating a written, time limited arrangement that clarifies scope, duration, and maintenance responsibilities can prevent escalation. Such agreements should be documented in writing and recorded when they affect the title or ongoing access rights to ensure clarity for future owners. This measured approach saves time and expense while preserving the parties’ ability to revisit the arrangement later.
When a Broader, Comprehensive Legal Strategy Is Advisable:
Complex Title or Longstanding Disputes
A comprehensive legal strategy is warranted when title records are ambiguous, when there are competing claims to access rights, or when long standing disputes involve multiple parties or public utilities. Such matters may require detailed historical research, expert surveying, quiet title actions, and court intervention to resolve competing interests. Pursuing a thorough approach aims to secure a durable resolution that clarifies ownership and use rights, reduces future litigation risk, and sets enforceable terms for maintenance and access across involved properties.
Risk of Property Devaluation or Development Impacts
When easement issues threaten property value, planned development, or important access points, a comprehensive approach protects long term goals. This can include negotiating permanent easement agreements, obtaining court orders to define limits, or securing amendments to recorded instruments. Ensuring that rights and responsibilities are clearly defined and recorded helps enable planned projects to move forward with predictable access and reduced risk. A durable settlement also reassures lenders and buyers that title matters have been resolved in a commercially acceptable manner.
Benefits of Taking a Comprehensive Approach to Easement Issues
A comprehensive approach seeks to identify all relevant title documents, historical uses, and parties with potential interests, then to achieve a durable, recorded resolution. This reduces future disputes by clarifying access rights and maintenance duties and by preventing conflicting claims from arising later. Thorough documentation and formal agreements also support smooth transactions when property is sold or financed. The process may require more initial investment but often results in greater certainty and stability for property owners and neighboring landholders alike.
Comprehensive resolution benefits community relations by providing clear expectations and reducing the potential for ongoing conflict between neighbors or service providers. It can also prevent unexpected costs by addressing liability and repair obligations up front. For property owners planning improvements or subdivision, resolving easement issues early allows projects to proceed with defined access and utility arrangements. Ultimately, the benefit is predictability: well documented and enforceable rights of way and easements minimize surprises and support sensible long term land use planning in Apison and Hamilton County.
Greater Long Term Certainty for Property Use
Securing a comprehensive resolution provides long term certainty about who may use property and under what conditions, which is particularly valuable for owners who depend on reliable access for daily life or business operations. Clear documentation prevents misunderstandings and sets practical obligations for maintenance and repair. This form of resolution strengthens title, supports saleability, and reduces the likelihood of recurring disputes. For landowners considering development or financing, such certainty can be essential for obtaining approvals and satisfying lenders.
Reduced Risk of Future Litigation and Costs
Addressing all relevant issues early through a comprehensive process tends to reduce the risk of costly litigation down the road. By clarifying rights, documenting agreements, and resolving competing claims before they escalate, property owners can avoid protracted disputes. This approach also enables pragmatic solutions such as relocations, compensatory adjustments, or recorded covenants that balance competing interests. Although it may involve upfront effort, the long term savings in legal expense and emotional strain make a comprehensive path an appealing option for many owners.
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Practical Tips for Managing Easement and Right of Way Issues
Document and Record Everything
Keep careful records of any agreements, communications, and maintenance activities related to easements and rights of way. Written documentation and recorded amendments to deeds or plats provide evidence of intent and reduce ambiguity for future owners. Photographs of use, dated correspondence, and copies of any informal understandings can be helpful if disputes arise later. Recording formal agreements in the county register clarifies the public record and protects both parties by setting clear expectations for access and upkeep.
Review Title and Plat Records Early
Try Negotiation Before Litigation
Direct negotiation and mediation often resolve access and maintenance disputes more quickly and affordably than formal court proceedings. Approaching neighbors with a proposal to clarify terms, share maintenance responsibilities, or adjust access routes can preserve relationships and produce practical solutions. If an agreement is reached, document and record the terms to prevent future misunderstandings. When negotiation stalls, formal legal remedies remain available, but attempting cooperative resolution first frequently serves both parties well.
Why Consider Legal Assistance for Easement and Right of Way Matters
Legal assistance can help property owners interpret recorded instruments, assess the strength of claims based on historical use, and identify practical options for resolving disputes. A lawyer can review deeds, plats, and public records to determine whether an easement exists and its likely scope, and can recommend negotiation strategies or formal remedies when needed. For property owners in Apison, such review helps ensure that access rights are preserved and that obligations are clearly stated to avoid unexpected liabilities or impediments to property use.
Handling easement matters with legal guidance is especially helpful when title issues could affect a sale, refinancing, or development plan. Professional assistance can produce enforceable documents, coordinate with surveyors, and prepare filings to quiet title or confirm rights in court when necessary. Early legal involvement often results in more durable resolutions, reducing the risk of recurring disputes and offering clearer paths to resolve conflicts over shared driveways, utility access, and other matters that commonly arise in residential and rural settings.
Common Situations That Lead Property Owners to Seek Help with Easements
Typical circumstances include disputes over driveway access, interference with utility lines or maintenance, conflicting claims arising from ambiguous deeds, requests to relocate an existing easement, or the discovery of an unrecorded use that may constitute a prescriptive claim. Other triggers are planned development that depends on defined access, encroachments that block a right of way, or sales and refinancing where unresolved easement issues can delay closing. Recognizing these situations early allows for prompt review and targeted action to protect property use.
Disputes Over Shared Driveways or Private Roads
Shared driveway conflicts commonly arise when neighbors disagree about maintenance, blocking access, or expanded use of the roadway beyond what was originally intended. These disputes can often be resolved by referencing recorded easements, if present, or by negotiating a written maintenance agreement that allocates costs and responsibilities. When title records are unclear or absent, a formal action may be necessary to determine rights and obligations. Clear documentation and communication are strong tools to prevent escalation and preserve access for all affected parties.
Utility and Service Provider Access Issues
Issues arise when utilities need to access or maintain lines across private property, or when utility easements impede planned improvements. Confirming the existence and scope of a utility easement is essential for both property owners and providers, and resolving disputes may require negotiation or formal clarification in court. Proper documentation eases coordination with providers, clarifies liability for damage, and helps property owners understand what uses are permissible without additional consent.
Claims Based on Longstanding Use
Claims alleging prescriptive rights arise when someone asserts long term, open, and continuous use of land without permission. These claims require careful factual development to show duration and characteristics of the use under Tennessee law. Defending or asserting such claims may necessitate historical evidence, witness statements, and documentation of prior owner responses. Resolving these matters often involves negotiation backed by legal review of the relevant documents and the factual record to determine whether a prescriptive interest exists.
Local Easement and Right of Way Assistance in Apison
Jay Johnson Law Firm assists Apison property owners with review and resolution of easement and right of way matters in Hamilton County and surrounding areas. We help clients understand recorded interests, pursue negotiated solutions, prepare enforceable agreements, and, when necessary, initiate formal actions to quiet title or confirm rights. Our approach emphasizes clear communication, practical options, and documentation that protects property values and access. If you are facing an access dispute, need clarification on recorded rights, or plan improvements affected by easements, we can review your situation and recommend next steps.
Why Choose Jay Johnson Law Firm for Easement Matters
Selecting legal help for easement and right of way concerns means working with a firm that understands local recording practices and real estate custom in Tennessee. Jay Johnson Law Firm provides careful title and records review, coordinates with surveyors and other professionals, and pursues practical resolutions tailored to the needs of property owners. The firm works to preserve access, clarify responsibilities, and recommend strategies that address both present needs and long term implications for owners and neighbors.
Clients benefit from direct communication and timely guidance about realistic options for resolving disputes or documenting rights. Whether pursuing negotiated amendments, recording agreements, or seeking relief in court, the firm advises on the likely consequences and tradeoffs of each path. This approach helps clients make informed decisions about documenting easements, allocating maintenance duties, and preparing for transactions that involve affected parcels of land, including sales and refinancing processes.
When litigation becomes necessary, careful preparation, thorough factual development, and clear presentation of title evidence are essential. Jay Johnson Law Firm assists in assembling the documentation and testimony needed to support claims or defenses, and works to achieve resolutions that protect access and minimize future conflict. The objective is practical, enforceable outcomes that stabilize property rights and allow owners to move forward with confidence in their property use and planning.
Contact Jay Johnson Law Firm for a Review of Your Easement Issue
How We Handle Easement and Right of Way Matters at Our Firm
Our process begins with a focused review of recorded documents and a discussion with the property owner to understand the disputed or unclear issues. We may recommend a site inspection and coordinate with a surveyor to clarify boundaries and use. From there, options include negotiation with the other party, drafting recorded agreements, or pursuing judicial remedies such as declaratory relief or quiet title. Throughout, we emphasize clear documentation and practical solutions that seek to resolve conflicts efficiently and with minimal disruption to property use.
Step One: Case Intake and Title Review
The initial stage focuses on gathering relevant documents, reviewing the chain of title, and identifying any recorded easements, covenants, or restrictions. We analyze deeds, plats, and prior conveyances to determine whether a recorded interest exists and assess how it was described. This review helps identify potential avenues for resolution and informs whether additional research, surveys, or negotiations will be necessary to clarify rights and obligations affecting the property.
Document Collection and Public Record Search
Collecting deeds, plats, and any recorded agreements is essential to understanding the legal landscape. A search of county records can reveal easements reserved or granted in prior transactions, utility agreements, and municipal filings that may impact use. Gathering this information early ensures that discussions and strategies are grounded in the public record and prevents surprises that could complicate later negotiations or litigation. We work with clients to obtain the necessary documents for a thorough review.
Initial Client Consultation and Site Review
An on site assessment and client interview help to document the factual record, including current use patterns and any encroachments or obstructions. Observations, photographs, and informal statements from neighbors can complement the title review. This combined factual and documentary approach provides a comprehensive basis for evaluating the nature of the easement, the likelihood of success for various remedies, and the most practical next steps to resolve the situation while protecting the owner’s interests.
Step Two: Negotiation and Attempted Resolution
After identifying relevant documents and facts, we typically pursue negotiation and attempt to reach an agreement that resolves the dispute without court action. This might include drafting a written easement agreement, clarifying maintenance duties, or proposing a relocation that serves both parties. When negotiation is successful, documenting and recording the agreement preserves the clarity of title and prevents future misunderstandings. If agreement cannot be reached, we advise on formal legal options and prepare accordingly.
Drafting and Recording Agreements
When parties agree to terms, we prepare clear written documents that define the scope, duration, and responsibilities tied to the easement. Recording these documents in the county register of deeds ensures the terms become part of the public record and bind future owners. Properly drafted agreements reduce the chance of renewed disputes by specifying maintenance duties, indemnity provisions, and dispute resolution mechanisms. Clear recording protects both the dominant and servient parcel owners over time.
Mediation and Collaborative Resolution Techniques
Mediation or facilitated negotiation can help parties reach practical solutions while preserving neighborly relationships. These processes provide a structured environment for exchanging proposals, addressing concerns, and finding mutually acceptable terms without the time and expense of litigation. If mediation succeeds, the resulting agreement is documented and recorded. Even when mediation does not fully resolve the dispute, it often narrows the issues and informs the next steps in formal proceedings.
Step Three: Formal Procedures and Court Actions When Needed
If negotiation and mediation fail to resolve the matter, formal legal remedies such as quiet title actions, declaratory judgments, or enforcement suits may be necessary. These procedures seek a judicial determination of rights and can provide clear, enforceable outcomes. Preparing for court involves assembling documentary evidence, witness statements, and survey data to support the client’s position. While litigation is typically a last resort, it may be the appropriate path to secure permanent resolution and protect long term property interests.
Quiet Title and Declaratory Relief Actions
A quiet title action asks the court to identify and confirm property rights and to remove conflicting claims from the record. Declaratory relief can clarify the scope and enforceability of an easement. These remedies provide definitive resolution and are useful when competing claims create uncertainty that affects transactions or use. The process requires careful preparation of title evidence, historical records, and precise legal arguments to present the court with a full picture of the dispute and the relief sought.
Enforcement and Injunctive Relief
When an easement holder’s rights are obstructed or ignored, enforcement through court orders or injunctive relief may be necessary to restore access or prevent ongoing interference. Courts can order removal of obstructions, require compliance with recorded terms, or impose remedies for breach. Seeking such relief typically follows attempts at negotiation and requires convincing evidence that rights have been unlawfully restricted. These remedies protect property use while establishing legal avenues for future enforcement if needed.
Frequently Asked Questions About Easements and Rights of Way
What is the difference between an easement and a right of way?
An easement is a legal right allowing use of another person’s land for a specific purpose, while a right of way specifically permits passage across property. Easements include a range of uses such as access, utilities, or ingress and egress, and their scope depends on the document that created them. Determining whether a right exists requires reviewing deeds, plats, and recorded agreements to see what the public record shows.Understanding the recorded language and historical use is important because it defines how and when the land can be used by others. If records are unclear, practical evidence of long term use or surveys may clarify the situation. When questions remain, a detailed title review and documentation can help identify the appropriate next steps for resolving access concerns.
How can I find out if my property has a recorded easement?
To find out if your property has a recorded easement, begin with a title search and review of the county register of deeds for recorded deeds, plats, and utility agreements. A property survey or plat often shows easements and rights of way. If you bought the property recently, your title company or the closing documents may also list recorded easements.If records are ambiguous, consider hiring a surveyor to map current boundaries and any apparent use, and gather historical evidence of access or maintenance. Combining recorded documents with factual evidence gives a clearer picture of rights and obligations and informs whether negotiation or further legal action is necessary.
Can an easement be terminated or moved?
Easements can sometimes be terminated by agreement, abandonment, merger of the dominant and servient estates, or through court action under limited circumstances. Moving an easement often requires negotiation with the other party and a recorded amendment to the existing interest to ensure the change is enforceable and clear for future owners. Unilateral changes by one party without recordation or consent are typically not effective.When parties agree to relocate or modify an easement, the terms should be documented, signed, and recorded to prevent future disputes. In cases where no agreement is possible, judicial remedies may be sought to resolve competing claims or to determine whether termination is appropriate based on the facts and legal standards in Tennessee.
What should I do if a neighbor blocks a right of way?
If a neighbor blocks a right of way, start by reviewing the recorded documents to confirm the scope of the access right. Document the obstruction with photographs and written records, and attempt to resolve the issue amicably through direct communication or mediation. Many disputes can be settled by clarifying responsibilities and agreeing on reasonable accommodations or temporary arrangements.If informal resolution fails, legal remedies such as seeking injunctive relief to remove the obstruction or bringing an enforcement action can restore access. Careful documentation and a clear presentation of title or use evidence are important to demonstrate the existence and extent of the right of way to a court, if necessary.
Do utilities have automatic access to private land?
Utilities often hold recorded easements that grant them access for installation and maintenance of infrastructure, but they do not automatically have rights on every property. Whether a utility has access depends on recorded agreements, rights reserved in deeds, or statutory authority. Reviewing your chain of title and recorded plats will reveal whether a utility easement exists and what activities are permitted within it.If a utility claims access but no easement appears in the records, you should seek clarification and documentation from the provider. In some situations, providers may rely on public easements or dedicated rights in subdivisions. Resolving disputes requires determining the legal basis for any asserted access and negotiating or litigating if necessary.
What is a prescriptive easement and how is it proven?
A prescriptive easement can be established when someone uses another’s land openly, continuously, notoriously, and without permission for the statutory period required by state law. Proving such a claim requires evidence of the duration and character of the use, including witness statements, photographs, and other documentation showing the nature and continuity of access.Because prescriptive claims depend on factual proof, careful factual development and documentation are essential. Property owners should track use patterns and any responses from former owners. Defending or asserting a prescriptive claim often involves detailed factual investigation and legal analysis to determine whether the elements have been satisfied under Tennessee law.
Will an easement affect my ability to sell my property?
An easement can affect a property sale by limiting how the land may be used or by imposing maintenance obligations that a buyer must accept. Clear recorded easements are typically disclosed during title searches and are often addressed in the sale contract. Buyers and sellers can negotiate terms that allocate responsibilities and may document those agreements in writing to avoid surprises at closing.Resolving unresolved easement disputes prior to sale reduces the risk of delays or reduced sale value. If disputes remain, purchasers and lenders often require clarity through recorded agreements or court orders before proceeding with a transaction to ensure the title is marketable and the property’s access is reliable.
Can I require a neighbor to share maintenance costs for a shared driveway?
When neighbors share a driveway, maintenance cost allocation is often addressed through written agreements that specify responsibilities and procedures for sharing expenses. If no agreement exists, discussions or mediation can produce a practical arrangement that reflects usage levels and financial ability. Documenting the outcome and recording it in the public record when appropriate prevents future disagreements and clarifies expectations for subsequent owners.If cooperative resolution cannot be reached, legal remedies are available to establish maintenance obligations based on the easement terms or court determinations of equitable responsibility. Preparing clear documentation of costs and proposed allocations supports negotiations and, if needed, judicial proceedings.
How long does it take to resolve an easement dispute?
The time required to resolve an easement dispute varies with complexity, cooperation among parties, and whether formal legal action is needed. Simple clarifications or negotiated agreements can be resolved within weeks or months, while disputes requiring surveys, extensive title research, or court intervention can take many months or longer. The availability of historical records and the willingness of parties to compromise significantly affect timing.If litigation becomes necessary, court schedules and the need for discovery, expert input, and hearings extend the timeline. Early, thorough preparation and a focus on negotiation can often shorten the path to an acceptable resolution and reduce the overall time involved in bringing the matter to a close.
What documents are most important for resolving an easement issue?
Key documents for resolving an easement issue include deeds, recorded plats, surveys, recorded easement agreements, utility agreements, and any prior correspondence or agreements that reference access or maintenance duties. These materials form the basis for analyzing whether a right exists, its scope, and any limitations or responsibilities that attach to it. Gathering these documents early streamlines research and negotiation.When records are incomplete, historical evidence such as photographs, witness statements, and affidavits about long term use can supplement the public record. Working with a surveyor and conducting a thorough title search helps assemble the necessary evidence to support negotiation or court filings.