Public Right to Private Property

[efb91]

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

Quick question. I was once a law student, and I was made aware of a case where a man walked through a vacant lot for 20 years to get to work, and once the area went up in value and a company built a high-rise on this lot, he sued for no longer being able to use it, arguing that he established rights to it by walking through it for so long, despite it being private property.

I am experiencing a very similar phenomena with a neighbor of mine, who is staking a similar claim on a vacant piece of property I own on the other side of my development. (I had always planned that my mother would come and live on that property eventually, but she passed away earlier this year.)

Can anyone explain to me what area of the law gives this neighbor of mine the right to my property simply by using it for an extended period of time?

I want to understand this better and explore my options before I consult my attorney.

 

[tranquility]

Research prescriptive easement to see if your facts might apply.

 

[154NH773]

In New York, to acquire property by adverse possession, all that is required is a showing that the possession constitutes an actual invasion of or infringement upon the owner’s rights.

The quote is from Wikipedia, so be aware that it may not be entirely true. As tranquility has stated, you will have to research your state laws, as the requirements to satisfy a claim differ by state. It could also be adverse possession rather than a claim of prescriptive easement, depending on the circumstances.
Has a claim already been filed? What is the actual claim? If a court case has already been filed, GET A LAWYER, fast!