downslope
Platinum Member
- Joined
- Mar 11, 2008
- Messages
- 642
- Location
- NY
- Tractor
- MF TO-35, Ford(s) 2000, 8N, 9N, White 2-70, NH TD75D, JD 5045D
It was so easy in NY that it actually encouraged stealthy and mischievous encroachment by neighbors. Plop a shed, fence, drainage pipe or kids' swing set on the neighbor's land and hope it's not contested for 10+ years. My understanding now is it has to be an "there is no other way" situation, like another property owner accessing his otherwise landlocked parcel over your land and has been doing so for 10 or more years, among other factors.New York law has changed, it was way too easy to claim this, I forgot the new requirement, but think it has to be agreed upon in writing by the original owner now..
As I had thought, the law changed a few times 10-15 years ago when David Paterson was governor.
New York Enacts Changes to Adverse Possession Law to Require Claim of Right | LAW OF THE LAND
Adverse Possession: Mind Your Property - The New York Times
The OP's situation may fall more in the area of
Prescriptive Easement: https://hba-law.com/lawyer/2017/06/14/Real-Property/Negotiating,-Neutralizing,-and-Nullifying-Nasty-Neighbors-in-New-York--[Episode-Five-%E2%80%93-When-Neighbors-Claim-a-Prescriptive-Easement]_bl30308.htm
Notice that much of the controversy back then in NY was started by an attorney who he himself was attempting to secure adverse possession of part of a neighbors parcel.
Truer words: "The dispute between the record property owner of the disputed area and the would-be adverse possessor may escalate quickly and become very nasty, leading to expensive and time-consuming litigation."