How to Prove Permissive Use of Land vs. Hostile Use with Claim of Right
My question involves real estate located in the State of: New York
Abutting neighbor is going to try for an easement over our property. They have no chance at other types of Easement. I am confident prior use of shared drive was permissive/neighborly accomodation etc. But, what if they lie and say we paid for snow clearing back in 1977 which was a claim of right and thus we are past the ripening period? Is the burden on them to come up with a receipt or testimony from the snow guy? Just curious how this sort of thing works since it seems like either side could easily tell tall tales to paint the picture they want. Thanks for any insights.
Re: How to Prove Permissive Use of Land vs. Hostile Use with Claim of Right
I have told you in your other threads that you can't pre-determine what a court will find based on the full evidence. That means that the case can go back to the time when cars were not invented to examine if the use was adverse or not or if it ripened into an easement of necessity or not or if it was permissive. What you don't seem to take into consideration is that the easement may have been established before someone help pay for snow plowing.
The burden of proof is on the plaintiff (or the defendant in a counter claim) who is making the claim. So the neighbor is making the claim, the burden lies with him.
You can add another digit to the 4 figures at least, on a suit of this type. There will be title searches, finding owners and hairs, neighbors, etc. The entire history of the property will see the light of day and the case will be on the facts that can be proven with testimony and proofs.
And please stop starting new threads on the same topic.