Legal Question in Real Estate Law in New York
my neighbor has sent us a letter yesterday telling us that he owns four to five feet in my front yard due to an easement, and has told us to move plants ext. We have owned and maintained this property for a long time. Is there a grandfather clause that we can use to say that he can't just take the property.
1 Answer from Attorneys
Were you aware that he had the easement? Did he send you any proof? An easement means that he has the right to access the four or five feet of your front yard for some purpose. He's not "taking" your property, he just has a legal right to pass through it. I wouldn't take out the bushes if I were you. Just because he has an easement doesn't mean you cant plant roses. I would force him to go to court. Tell him your plants are not interfering with his easement and you're not going to move the plants. If he doesn't like it, he can go to court.
Good luck.