Legal Question in Real Estate Law in New York

Adverse posession
We own land that is land locked, there is a road way that we have been using for the past 42 years, another camp is on that same road and the owner of this camp owns a portion of the roadway. He is wanting to lock us out and we have no other way to get to our property. Do we have a case if we use adverse posession.

Asked on 9/17/07, 8:19 pm

Michael Markowitz Michael A. Markowitz, PC

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Re: Adverse posession

You have a case. It is not adverse possession, it is an easment. Basically, under the law each individual has a right of way to his or her property.

Mike

Answered on 9/17/07, 8:31 pm

Robert R. Groezinger GroezingerLaw P.C.

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Re: Adverse posession

Perhaps, perhaps not. But the possibility of an easement by prescription or by necessity might be a remedy. All require a lawsuit.

Good Luck

RRG

Answered on 9/17/07, 11:24 pm

Savyon Grant Law Office of Savy Grant

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Re: Adverse posession

You may also have what is called an necessity easement.

Answered on 9/21/07, 10:50 am

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