Prescriptive Easement

[George143]

What is the name of your state? NEW YORK A new neighbor purchased the house next door in November, 2018. He rang my bell an told my tenants that he has a survey and the boundary line runs down the middle of my driveway. He then told them to move their cars. I indicated to the neighbor that I paved the driveway & built up the foundation 17 years ago. Furthermore, that there is a curb cut specifically for my driveway directly next to my house. The neighbor then coerced the police to issue tickets on the cars and threatened to have them towed. He also threatened to put a fence up on his boundary line.
I acquired his survey and the surveyor indicated a Prescriptive Easement for the driveway in my name The notes and the drawing both indicate a Prescriptive Easement for the driveway. After showing the survey to the police chief, the ticket charges were dropped in court. During this court struggle I directed my tenants to park elsewhere. When the charges were dropped, I redirected them to park in the driveway again.
Since then I have tried to negotiate a boundary line agreement.The boundary line agreement started at $2500 then $5000, finally we agreed at $6000 plus legal & surveyor fees. Weeks later, I received an email indicating he wants $10,000 plus legal & surveyor fees. Initially I refused, after time I accepted. When I received a copy of the Easement Survey it was 2 FEET SHORT. I called the surveyor and he told me that was not the Original Survey, That after receiving the Original Survey my neighbors LAWYER instructed the surveyor to produce another survey 2 FEET SMALLER. I replied to my neighbor's lawyer that he is manipulating legal documents and are trying to cheat me in addition to the extortion of $10,000.
So far, I have consulted 3 lawyers & a surveyor at a cost of $2800. Any advice would be appreciated. Thank You George.

 

[LdiJ]

You don't HAVE to pay anything to continue to use the driveway, you have an easement. If you are paying to permanently own the land the driveway is upon that is fine if you want to do that, but you don't have to, and that does give you some leverage.

 

[George143]

You don't HAVE to pay anything to continue to use the driveway, you have an easement. If you are paying to permanently own the land the driveway is upon that is fine if you want to do that, but you don't have to, and that does give you some leverage.

This Prescriptive Easement on my neighbors survey was never filed with the Village or the County. It was acknowledged by and on my neighbors survey.

 

[Just Blue]

@George143

Please refrain from "advising" to dead threads. Thank You.

 

[quincy]

@George143

Please refrain from "advising" to dead threads. Thank You.

It was not really advice. George just expressed his agreement with the earlier advice.

 

[Just Blue]

It was not really advice. George just expressed his agreement with the earlier advice.

Oy.

 

[quincy]

This Prescriptive Easement on my neighbors survey was never filed with the Village or the County. It was acknowledged by and on my neighbors survey.

The easement did not have to be recorded.

A question: You said the boundary line runs down the middle of your driveway. Does the tenants parking of their cars in the driveway block the new neighbor's use of their half?

What are you wanting to do? Purchase the property from the neighbors that is already legally yours to use?

 

[George143]

This Prescriptive Easement on my neighbors survey was never filed with the Village or the County. It was acknowledged by and on my neighbors survey.

@George143

Please refrain from "advising" to dead threads. Thank You.

 

[George143]

This is a ongoing Dilemma. Please be Patient.

 

[Just Blue]

Huh??

 

[quincy]

This is a ongoing Dilemma. Please be Patient.

So ... you aren't sure whether you want to purchase the property from your new neighbors? You have a legal right to use the property even without ownership in the property, if all is as you have said.

 

[George143]

Sorry Just Blue- This is a situation that has been going on since November of last year. My new neighbor has been trying to extort $12K over a 5' x 30' piece of driveway in a small village worth $2,500 at the most. He has been malicious avaricious and I haven't slept a good night in a half a year. As far as I'm concerned, I'm being terrorized by my neighbor. I may not understand how this forum works with past members interactions over time. I was unable to acknowledge any old feeds available. If you could help me, I'd appreciate it. Otherwise, thank you.

 

[quincy]

Sorry Just Blue- This is a situation that has been going on since November of last year. My new neighbor has been trying to extort $12K over a 5' x 30' piece of driveway in a small village worth $2,500 at the most. He has been malicious avaricious and I haven't slept a good night in a half a year. As far as I'm concerned, I'm being terrorized by my neighbor. I may not understand how this forum works with past members interactions over time. I was unable to acknowledge any old feeds available. If you could help me, I'd appreciate it. Otherwise, thank you.

The way to get assistance for your prescriptive easement issue is to ask questions in this thread of yours - and to answer any questions asked of you. The questions are asked to get a clearer picture of what is going on and to see what legal options might be available to you.

Or you can seek out legal help in your area.

It sounds from what you have said so far that you do not HAVE to do anything. You can continue to use the driveway as you have for over 10 years - despite attempts by your new neighbors to intimidate you into paying them money.

 

[George143]

The easement did not have to be recorded.

A question: You said the boundary line runs down the middle of your driveway. Does the tenants parking of their cars in the driveway block the new neighbor's use of their half?

What are you wanting to do? Purchase the property from the neighbors that is already legally yours to use?

No, the next door neighbor has his own curb cut and the ability to park 4 cars in his own area to ingress and egress. I just want to continue parking where I have been for the last 17 years. There's no reason other than greed and maliciousness as to why he should prevent me from using the driveway.

 

[quincy]

No, the next door neighbor has his own curb cut and the ability to park 4 cars in his own area to ingress and egress. I just want to continue parking where I have been for the last 17 years. There's no reason other than greed and maliciousness as to why he should prevent me from using the driveway.

Thanks for answering my question.

It could be greed and maliciousness - or perhaps just a lack of understanding of prescriptive easements. Whatever is driving the neighbors actions, you seem to be on fairly solid legal ground, if all that you say of your use of the property is accurate.

You might want your attorney to draft a letter to the neighbors saying that you will consider it harassment if they continue to contact you over your legal use of the easement.