lundi 17 avril 2017

Termination: Can a Prescriptive Easement Ripen if Neighbor Has Access to Public Road

My question involves real estate located in the State of: New York

My neighbor has shared a driveway across our property for decades with former owner's permission. Their property also abuts a public road so they are not technically land locked. Historically everyone was related by blood or marriage, but we are new owners and don't fit this bill. So the question is could they try to bring a quiet title case against us to claim a prescriptive easement even if they have access to a public road? The public road access isn't great as they'd have to grade and put in a new driveway, but it can be done.

I think it would be tuough for them to get a prescriptive easement as the use was always permissive. I'm trying to understand if there is any ability at all for them to get a prescriptive easement when they do have public road access. Thanks for any views...


Termination: Can a Prescriptive Easement Ripen if Neighbor Has Access to Public Road

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