• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

adverse possession on a right of way

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.
V

vern68

Junior Member
What is the name of your state? new york

we've owned a cottage on a lake for 31 years with a right of way bordering our property to the north. the right of way is for all to use its only 20' wide and nobody ever uses it and there is a fence that has been there since we've owned the place on what we thought was the property line. in 1993 a survey was done and we found out that the fence was not the property line and if fact the line was two feet onto our property. nothing was ever done about it and nobody cared. we continued to maintain the fence and the property. the woman who had owned the property(she pays the taxes on it) never said a word and she also never even used the property. she recently sold the right of way and the new owners want us to move the fence and our possessions that are on the 2' of property. the new owners never did a survey and some of the old survey stakes are missing. they have retained a lawyer and we have a few weeks to move the fence. do we have to? if that fence is not ours then doesnt that fence have to be on their property a certain distance?What is the name of your state?
 


H

HomeGuru

Senior Member
vern68 said:
What is the name of your state? new york

we've owned a cottage on a lake for 31 years with a right of way bordering our property to the north. the right of way is for all to use its only 20' wide and nobody ever uses it and there is a fence that has been there since we've owned the place on what we thought was the property line. in 1993 a survey was done and we found out that the fence was not the property line and if fact the line was two feet onto our property. nothing was ever done about it and nobody cared. we continued to maintain the fence and the property. the woman who had owned the property(she pays the taxes on it) never said a word and she also never even used the property. she recently sold the right of way and the new owners want us to move the fence and our possessions that are on the 2' of property. the new owners never did a survey and some of the old survey stakes are missing. they have retained a lawyer and we have a few weeks to move the fence. do we have to? if that fence is not ours then doesnt that fence have to be on their property a certain distance?What is the name of your state?
Click to expand...

**A: how did the woman sell the ROW? Did she not sell her own property that included the property that the ROW is on? Post exactly what the letter from the attorney stated.
 
S

seniorjudge

Senior Member
Q: if that fence is not ours then doesnt that fence have to be on their property a certain distance?

A: No; you can have a fence on your property line if you want. Please answer HG's questions. From your post, there MAY be permissive use (not adverse use) which would definitely hurt your case; especially since the old lady paid taxes on the disputed property.

But we need more facts and details.
 
V

vern68

Junior Member
the woman

owned the right of way. that is all she owned. it is a 20 wide tract of land that goes down to the lake. it is between 2 cottages. the letter states; the survey map shows your existing trailer, boatlift and fence encroach on their property by 2.29 feet. they want to enter into a boundary line/lcense agreement with us allowig us to keep the trailer and boatlift in their current positions but if any of this property is removed destroyed or ceases to exist in its present configuration we will reestablish the trailer or boatlift in accordance with the boundary line. the want us to move the fence to the boundary line and have given us 60 days to do it. if we dont move the fence, they will, along with the items that our on the property line.
 
V

vern68

Junior Member
my mistake

the woman also owned land off the lake. she sold the land and the right of way to her nephew who also has a house and the use of the right of way. hope this helps.
 
H

HomeGuru

Senior Member
vern68 said:
the woman also owned land off the lake. she sold the land and the right of way to her nephew who also has a house and the use of the right of way. hope this helps.
Click to expand...
**A: that's what I thought. Get your story straight before posting. We respond with advice based on facts. If the facts are incorrect, our advice may be too.
 
S

seniorjudge

Senior Member
vern68 said:
...
they want to enter into a boundary line/lcense agreement with us allowig us to keep the trailer and boatlift in their current positions but if any of this property is removed destroyed or ceases to exist in its present configuration we will reestablish the trailer or boatlift in accordance with the boundary line. the want us to move the fence to the boundary line and have given us 60 days to do it.
....
Click to expand...
This sounds to me like they want to settle.
 
V

vern68

Junior Member
settle?

the property has already been sold. i guess i dont get what you guys are saying. i believe your saying that we should go ahead and move the fence? if that fence is not ours (we believed it was for 31yrs) why should we be the ones to move it? what about taking care of that property for 31 yrs? what about the survey that was done in 1993 no one told us to move the fence then? its been 14 yrs since the survey. she could have told us to move it and never did.
 
H

HomeGuru

Senior Member
vern68 said:
the property has already been sold. i guess i dont get what you guys are saying. i believe your saying that we should go ahead and move the fence? if that fence is not ours (we believed it was for 31yrs) why should we be the ones to move it? what about taking care of that property for 31 yrs? what about the survey that was done in 1993 no one told us to move the fence then? its been 14 yrs since the survey. she could have told us to move it and never did.
Click to expand...
**A: hello, read your own posting and stop trying to confuse us. If we want to be confused we can do it on own own, like we usually do.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top