My question involves real estate located in the State of: New York
Can legal expenses from a quiet title suit be added to a home's cost basis if it is a personal residence? I think you can...
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My question involves real estate located in the State of: New York
Can legal expenses from a quiet title suit be added to a home's cost basis if it is a personal residence? I think you can...
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...
I'm aware of 5 figure costs and I definitely won't grant them one.
I just wanted to make sure that if it does go to trial, that the only way a court would grant them a driveway right over our...
That is my understanding too. And there is no other legal way for them to get an easement? Thank you.
My question involves real estate located in the State of: New York
Neighbors claim they have a ROW over our proprty due to use of shared driveway over the statutory period in NY. I say they don't...
thank you for the link! Interesting reading/cases
Anyone else have any examples of what would be considered a hostile "claim of right" use when it comes to shared driveways? Thanks!
Maybe on the horse/buggy but the NY courts rely on the "necessity" part of the Implied tests and in our case the use was a convenience not necessity as they have plenty of public road access/frontage.
What examples are there of "assertion of a hostile right?" I've read that if the dominant estate tries to maintain/improve/change the driveway that could be considered hostile. Are there other...
I am trying to find out if I can stop someone from using the sharde driveway. The neighboring property is not landlocked so no Easement by Neccesity. They would have to install a driveway to a...
My question involves real estate located in the State of: New York
I'm trying to learn more about how a court would determine whether a use qualifies as Hostile/Under Claim of Right versus...
Thanks again - here is the case I found regarding relatives and element of hostility: Talmage vs Ronald Altman Trust 1994 NY
It says no presumption of hostility exists when the user and...
My explanations should be better, sorry. Our property, along with the 11 others, were all part of the turn of the century subdivision. So our place was part of the same title chain as our...
Just want to make sure I understand the Easement by Implication correctly.
In our case there was one guy that owned a lot of land and at turn of century. He split the land a dozen ways for his...
Thank you for sharing your know how on this.
Why now - our concern is that the intensity of shared driveway usage could dramatically increase if they sell to a big family with a lotta drivers...
Yes we knew of shared driveways. As newbies to RE ownership we just assumed we had control over our land and our lawyer did nothing to get us up to speed on Pres Easements and the like. Live and...
Yes the time period has been met many times over but I am comfortable with our ability to defend the "permissive use" element.
It just seems crazy to me that the law would allow someone to...
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...
This is where it is very strange. I went to the land office and there was no mention of any sort of ROW or easement on either of the neighboring siblings' properties. There is definitely nothing...
Originally it was all owned by one person back in the 1800s. In the early 1900s he divided his land and gave plots to his children.
My question involves real estate located in the State of: New York.
Our neighbors access their property by using our driveway and cutting across our property. Historically all the neighbors...