Legal Question in Real Estate Law in New York

Easement

I am currently selling a rental property and the neighbor is claiming that the easement, which is in the deed, is not valid and that he has occupied the space for 10+ years. I purchased the property 10 years ago and he did not occupy the space then otherwise I would not have purchased it. I am in a contract with a buyer and have been held up in court since 08/07. I have incurred 10K in legal fees, 20K in lost revenue and expenses and now he offers to buy it for 30K less than I have it sold for. He has obviously wanted to purchase it and hoped that the buyers would pull out of the contract but they haven't. I have filed a damages claim but my attorneys state that I won't get back nearly what it has cost me to fight this baseless claim. How is this possible? I put this property on the market to stave off a foreclosure on another property and now I am losing that too because my ''neighbor'' has held up the sale. Please help, I don't have a lot of money and I am at my wits end!!!!


Asked on 6/11/08, 7:31 am

1 Answer from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Easement

I see the problem you have - being strangled by the legal system.

You don't know where you stand as far as the property goes. An easement runs with the land and is perpetual.

What you need is an aggressive lawyer who will speed things up. You must bring this to a conclusion as soon as possible so that you do not incur more legal fees, and the loss of money and a potential buyer.

After 1 year you should be on trial to get the matter resolved.

If you would like to contact this office please feel free to do so.

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Answered on 6/11/08, 10:41 am


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