Deeded Easement

[qwer]

What is the name of your state? New York I own a corner home in Queens, NY. The driveway to my garage is around the corner behind my yard. Between my house and my neighbors is another driveway which he uses for egress and ingress to reach his garage behind his house. This driveway is a product of an easement in 1922 which takes 4 feet 9 inches of my property alongside my home and ends in the center of this driveway , this together with his 5 feet makes an 8+foot driveway .I use this driveway somtimes to wash my car or to bring out the garbage pails to the front walk. There is a fence which starts at the property line between the back yards, continues stright and then veers off towards my house ,ending at the back corner of my house. Through this fence is a gate which allows me access to the drive. Last year he tried to construct a picket fence along this old fence ,all the way up to the corner of my home. He insisted that the fence that was there for 20 years is a common fence and he had this right to construct where the fence crosses my property line( over the 4' 9"). Rember this fence is curved to my house to allow him access for his car. Please tell me if my property is protected by the deeded easement status. Or am I liable to forfit my rights to this property due to lack of my use or that the fence being there all this time shows I dont care about this property? ( we have children and a dog and the fence is required) Thanks, Nick

 

[krispenstpeter]

Although I can't 'visualize' what you are talking about with curved fence, picket and all the rest, what I CAN tell you is that the easement is just that, the right to use the land. It does not convey ownership.

Tell neighbor boy if he wants to purchase this strip of property he may. Otherwise, keep his grubby fence to himself.

 

[HomeGuru]

Writer, read the recorded easement agreement.