A prescriptive easement “is generally demonstrated by proof of the adverse, open and notorious, continuous, and uninterrupted use of the subject property for the prescriptive period,” which is generally ten (10) years in the State of New York. See Carty et al. v. Goodwin, et al., Docket No. 2015-11899 (App. Div. 2d Dep’t May 10,…
Whenever one neighbor claims ownership over some portion of another neighbor’s real property by virtue of the legal doctrine of adverse possession, 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. A recent appellate decision…
Disputes between neighbors may begin with something relatively insignificant and then escalate quickly and dramatically, leading, at times, to name-calling and hurt feelings on one or both sides of the dispute. Although civil lawsuits may be filed after such an unfortunate escalation, it is worthwhile to know the limits of what may be achieved in…
A recent appellate court’s decision has affirmed an order that, among other things, dismissed a trespass claim by homeowners who had alleged that certain municipal employees “entered onto their property during the day and rang the doorbell or spoke to the plaintiff Henry Boring in the front yard . . . .” Henry Boring, et…
In the State of New York, a wide variety of legal disputes may arise from ownership or use of real property in relation to other real property owned or used by neighbors, some of which may be difficult, nasty, or malicious. Although there are varying degrees of legal complexity associated with each kind of legal…
