My question involves real estate located in the State of: New York
I purchased a house about 15 years ago that has a single car driveway. The bottom portion of this driveway merges with my neighbors two car driveway. At the time of purchase (which was an estate sale the prior owners were deceased) there was no indication that about 3-4 inches of the bottom portion of the driveway is actually owned by the neighbors. A survey was not required at time of purchase but was done later after the purchase of the house by me. It turns out that the plot of land is actually at an angle so what appears to be a full driveway actually narrows at the road end and widens as you drive up toward the back part of the driveway. In order to access the full driveway toward the back of the property my car actually drives over the property line about the width of the tires and then goes back to my property as I drive forward. It does not cause any damage to anything. The neighbor, who is a snow bird and is only home about 4 months out of the year when she is home constantly puts things like rope, chicken wire fence, shepard hooks etc along the property line which impedes my access to the back end of the driveway. While she has always pointed out the property line so that I "knew where it was" the action of impeding my access did not occur until about 7-8 years after I purchased the house and her actions are speradic at best and is not done on a continuous basis since she is not there the majority of the year. Do I have any type of rights in this case? I've been reading about easements by common law which is not written in the deed but it is confusing. Thanks for any information you can provide. oh and as for the impeding items they always get removed because her daughter (with whom I am friendly with and lives in the upstairs apartment) feels her mother is wrong for doing this and after talking with her always talks her mom into removing the items only to having to deal with the issue again when she returns home the following summer. It is a constant battle which I would like to end.