prospective easement

[elliemae28]

prescriptive easement

What is the name of your state (only U.S. law)? ny

we have owned our property for 16 years. our driveway has always been in the same spot, as has fencing on that side. we erected fences butting up to exsisting fence and erected a fence, retaining wall, etc on other side of our house. two weeks ago we recieved letters from both owners (brother and sister), stating we have 30 days to remove our fences. they stated that the land was surveyed in 2006 and we are clearly over the line. they did have it surveyed, but i recently found out the said surveyor is not licensed. also they never said to us a word about encroaching in the time we have lived here, until now. my question is, can they tear down our fences, block our driveway and do we have a case for prescriptive easement on both sides?

 

[seniorjudge]

The term is prescriptive easement.

Do you live in a platted subdivision?

 

[elliemae28]

prescriptive easemant

sorry i misspelled. no we do not live in a plotted subdivision.

 

[seniorjudge]

sorry i misspelled. no we do not live in a plotted subdivision.

Then you need to ask your neighbors for a copy of the survey which you should then carry to a real estate lawyer.

You need a lawyer no later than last week.

 

[HomeGuru]

The term is prescriptive easement.

Do you live in a platted subdivision?

**A: there could also be a prospective easement but that would apply only in California on property where they look for gold.