presriptive easement

[wrpok]

i have a drainage pipe going through a piece of property i just purchased. the property is in ny and it is a lot right next to the property wher my house currently stands. the pipe is to close to my house and it is preventing me from adding an addition to my home. the town and developer has taken a position the this is a prescriptive easement given he fact that i saw the pipe being put in before i purchased the land. also the survey has a line showing the pipe. ive done reseach and there is no recorded easement for this pipe. i have since abandon the subdivision in the ne lot and merged both properties. can this prescribed easement be diminished and what are my rights.

 

[HomeGuru]

I responded to your other post and now you have stated additional facts in this one.
Based on the inofrmation you have given, the other parties are correct.
Consult a local attorney to see if you have any claim.

 

[wrpok]

Easement prescriptive

as a follow up question, assuming the prescribed easement is legitimate do i have any recourse with my title company who performed a title search when i purchase the property?

 

[HomeGuru]

Possibly but you would need to review your title insurance policy.

 

[wrpok]

prescribed easement

new york state. another follow up question, this drainage pipe was install in oct 2000 before i purchased the lot next to my house. does the position of prescribe easement still stand because i saw the pipe being put in? just because i saw the pipe being put in should not constitute and easement the land wasnt mine then. frankly i didnt know what an easement was until i applied for a building permit. doesnt a prescribe easement mean that it has been there for more than five years. by the way thank you for your help in this i difinately think this help.

 

[HomeGuru]

You are correct but maybe the pipe was a replacement pipe. If it was new and no pipe was ever there before tell the neighbor to remove it.