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.
3 Answers from Attorneys
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
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
Re: Adverse posession
You may also have what is called an necessity easement.