Legal Question in Real Estate Law in New York
Is this a Gradfather Clause issue?
I own 2 acres in the middle of my family's 200 acre farm. the property was originally sub-divided from my grandfather to my father in 1992. My father passed away in Jan. 1995 and the property is now mine. My father built me a barn in 1989 inside a horse pasture that was built 80+ years before by my great-grandfather. I had horses there from 1989 until 2001. I again got 2 horses in mid 2008. My lawyer sent a certified letter to my Aunt (lives next door) saying ''let it be known'' that my aunt is using my property with my permission to stable pasture and graze her horses. (this was to prevent my crazy aunt from claiming squatters rights on my property). The issue here is the fact that the town requires 5 acres to have horses and I only have 2 acres. There have been horses there consistently for my entire life in that same pasture without break.(I'm 29) I understand the zoning as a horse does need plenty of room to graze and run. My situation is different than someone in a subdivided housing development with 1 acre each. My property is surrounded by over 200 acres of family farm that I use to graze my horses on and to ride them daily. I am locked into a lifetime contract with the horses from the adoption agency for their lives.
1 Answer from Attorneys
Re: Is this a Gradfather Clause issue?
Since you have a lawyer, you should be relying on their legal advice. Your lawyer has actually met you, reviewed all necessary documents, and is familiar with the facts and circumstances of your legal matter, and will be in a far better position to give you meaningful advice as opposed to someone with only a paragraph of information.
J. Douglas Barics
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