Legal Question in Real Estate Law in New York

In 2008, the laws around adverse possession were changed in the State of New York. In New York, there is a 10 year time requirement for these matters. This essentially means that you have to openly use someone else property for a period of 10 years before you can assert a claim for adverse possession. The basic change is that the hurdle for proving that you openly used the land is much higher now.

In the past, people would build a fence on their neighbor's property. Then 10 years later they would try to take ownership of the land by asserting that they had "adversely possessed" it and that it was now their land.

In your case, you're wondering if an easement has been created if you allowed your neighbor to use your property for the statutorily mandated 10 year period. I don't know enough facts to hazard a guess. Changes in laws always make things a bit murky so I would recommend that you contact a New York State Real Estate Attorney if you have any more questions. Hope this helps.