Your Land is my Land

[beowulf]

I mentioned earlier that an issue of a prescriptive easement is more likely than one of adverse possession. I checked on NY statutes for prescriptive easement - appears to be ten years - but you need to confirm this yourself. Anyway, you do not want this to go unresolved for that period of time or it will become substantially more complicated.

Found this in an article: A “prescriptive easement” is a permanent legal right to use the real property belonging to another person, and is form of “adverse possession.” It is created, not in a deed or in a bargained-for transaction, but by conduct: the open and hostile use of another’s property for a continuous period of at least 10 years (the New York statute of limitations). In a case of “adverse possession” the law grants an actual transfer of title to the “adverse possessor.” With a prescriptive easement,” however, the law gives the “user” a “right of use” in another person’s property equal to the user’s conduct over the 10-year period, with the owner retaining his title to the property.

 

[ultrarunner]

Yesterday I helped a friend find corner markers... he had an old aerial photograph that did not match what he was seeing..

Sure enough... the corning pin was 5' into the neighbors yard... neighbor has 1 acre... friend 65 acres.

The neighbors bought 5 years ago... surveys are often not done in California as part of a sale.

Neighbor came out to see what was going on... seemed cordial enough.

The thinking is the fence on 3 sides was set in 5 feet for for maintenance.... enough to run a bush hog

 

[hawkeye08]

Waiting on survey...

When we had our property line dispute, the neighbor had a developer/lawyer send us a legal letter demanding a bunch of stuff, we consulted with a trusted business coach and obtained a lawyer. After hearing what was going on, we sued the neighbor. There was a bunch of legal back and forth, each time cost us more money. When it was getting close to the depositions, the neighbor offered to settle (without them paying anything and a full easement for their water well on our property). We countered with a temporary easement and charge for water they used from our property. In the end, we settled with them paying us for temporary easement. It covered a portion of our attorney fees. I gained 50+ lbs (still working on losing it) and still react when we get official looking mail and its been 13 years now.

I'll never buy another piece of property without clear survey markers. Even with rough terrain or trees/brush, I would still make sure survey was done (I would purchase a drone to view if I had to).

Wishing you the best outcome.

 

[radios1]

I mentioned earlier that an issue of a prescriptive easement is more likely than one of adverse possession. I checked on NY statutes for prescriptive easement - appears to be ten years - but you need to confirm this yourself. Anyway, you do not want this to go unresolved for that period of time or it will become substantially more complicated.

Found this in an article: A “prescriptive easement” is a permanent legal right to use the real property belonging to another person, and is form of “adverse possession.” It is created, not in a deed or in a bargained-for transaction, but by conduct: the open and hostile use of another’s property for a continuous period of at least 10 years (the New York statute of limitations). In a case of “adverse possession” the law grants an actual transfer of title to the “adverse possessor.” With a prescriptive easement,” however, the law gives the “user” a “right of use” in another person’s property equal to the user’s conduct over the 10-year period, with the owner retaining his title to the property.

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..

 

[Jstpssng]

Waiting on survey...

When we had our property line dispute, the neighbor had a developer/lawyer send us a legal letter demanding a bunch of stuff, we consulted with a trusted business coach and obtained a lawyer. After hearing what was going on, we sued the neighbor. There was a bunch of legal back and forth, each time cost us more money. When it was getting close to the depositions, the neighbor offered to settle (without them paying anything and a full easement for their water well on our property). We countered with a temporary easement and charge for water they used from our property. In the end, we settled with them paying us for temporary easement. It covered a portion of our attorney fees. I gained 50+ lbs (still working on losing it) and still react when we get official looking mail and its been 13 years now.

I'll never buy another piece of property without clear survey markers. Even with rough terrain or trees/brush, I would still make sure survey was done (I would purchase a drone to view if I had to).

Wishing you the best outcome.

I often tell people the same thing. a cousin has lived on the same 5 acre lot for 30 years, and has watched as people built around him. Yet apparently he ended up with somebody else's drilled well on his property.

 

[Doofy]

Good one! The neighbor probably needed the separation between the well and septic. Idiots

 

[DrRod]

As for the site seers in AZ, you might consider my favorite nonviolent deterrent: manure. Spreading any kind of manure around deters people on foot and sometimes even drivers. And I successfully used it to stop a neighbor from letting his dogs run free late at night to poop on my yard [this was in the suburbs]. About the second time the dog came home smelling like steer manure [the commercial version of manure] he started controlling his dogs more closely. But a nice distribution along the access area and the scenic overlook should discourage future trespassers.

 

[joecoin]

Son-in-Law has about the same problem in Arizona. He has property with a scenic overlook and a neighbor keeps trespassing with sightseers he is charging. Neighbor keeps tearing down fencing and no trespassing signs.

Property has been surveyed and yet it continues. No money to sue. Certainly hope SiLs PTSD does not get the best of him and things get out of hand. Some people never know when to stop pushing.

Maybe your son in law should sit right at the property line with a bunch of empty beer cans and a shotgun.

 

[Molalla1]

Growing up in East Oakland as a kid you learned fast how to avoid trouble...

I know too many people shot... some fatally... some crippled for life.

Looking back... it went done one of three ways for most... die young, go to prison and find Jesus...

Yep, Sonny went to prison for a time. . .

 

[Jstpssng]

As for the site seers in AZ, you might consider my favorite nonviolent deterrent: manure. Spreading any kind of manure around deters people on foot and sometimes even drivers. And I successfully used it to stop a neighbor from letting his dogs run free late at night to poop on my yard [this was in the suburbs]. About the second time the dog came home smelling like steer manure [the commercial version of manure] he started controlling his dogs more closely. But a nice distribution along the access area and the scenic overlook should discourage future trespassers.

I like that. Maybe even plant some stinging nettles or something along that line to further discourage them. The problem in this case isn't the tourists; it's the guide who doesn't tell them they are going someplace where they aren't wanted.