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Sorry Nick. I don't buy thit argument. If my tenants signed a contract that said "you can piss on on carpet" then so be it. If you pissed on my rug for 5 years and one day I had enough of it, I have every right to tell you to fuck off. (Not accounting for laws)
Both legally and morally you do not, you have lost the right to do so by creating a reasonable expectation on the tenant's part that they are allowed to use the property in that way. Similarly if a neighbor uses your lawn as a shortcut for five years and you don't object.
![Giacomo Zucco [I identify as a -e^iπ vampire]](https://pbs.twimg.com/profile_images/1172971162919415813/Pn8O2gkx_normal.jpg)
Yes but what if one day I don't want you to use my lawn for a shortcut? Can I tell you to stop?
Legally no, not if the statute of limitations (e.g. 5 years) has run. Morally, your lack of enforcement means the neighbor reasonably relies on expectation of continued use, may have even invested in improvements (as has a social media user, as Elaine describes in the OP link).
This is news to me. So if someone was using my lawn as a shortcut for 5 years (without a contract) and now I wanted to grow food, I'm shit out of luck?
Yes. It's called a prescriptive easement (in some states "long user"). You still have all the rights of ownership except you can't use the property in a way that interferes with the shortcut, nor forbid that neighbor's use of the shortcut.
So how does thay work if the neighbour has been using your property for shortcut outside your knowledge? Let's assume for the sake of the discussion that the shortcut isn't evident from repeated use...
You have an obligation to help enforce your own property rights. You should be paying attention at least occasionally over the course of five years.
In Portugal any interior plot of land that doesn't confront a public road has permanent "right of passage" through his neighbor. It's still private but the neighbor can't use that stretch for anything except as passage, forever.
Nick is right on this one, in fact the Romans created the concept of "natural servitude" ( i dont know if thats the correct english word).
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