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  1. Federal Taxes: Can Quiet Title Legal Costs Be Added to Home Cost Basis

    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...
  2. Creation of an Easement: 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...
  3. Creation of an Easement: Re: How Can an Easement for a Driveway be Created

    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...
  4. Creation of an Easement: Re: How Can an Easement for a Driveway be Created

    That is my understanding too. And there is no other legal way for them to get an easement? Thank you.
  5. Creation of an Easement: How Can an Easement for a Driveway be Created

    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...
  6. Creation of an Easement: Re: How Does a Court Determine if Use of Another's Land is Hostile or Permissive

    thank you for the link! Interesting reading/cases
  7. Creation of an Easement: Re: How Does a Court Determine if Use of Another's Land is Hostile or Permissive

    Anyone else have any examples of what would be considered a hostile "claim of right" use when it comes to shared driveways? Thanks!
  8. Creation of an Easement: Re: How Does a Court Determine if Use of Another's Land is Hostile or Permissive

    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.
  9. Creation of an Easement: Re: How Does a Court Determine if Use of Another's Land is Hostile or Permissive

    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...
  10. Creation of an Easement: Re: How Does a Court Determine if Use of Another's Land is Hostile or Permissive

    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...
  11. Creation of an Easement: How Does a Court Determine if Use of Another's Land is Hostile or Permissive

    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...
  12. Creation of an Easement: Re: Can a Prescriptive Easement Ripen if Neighbor Has Access to Public Road

    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...
  13. Creation of an Easement: Re: Can a Prescriptive Easement Ripen if Neighbor Has Access to Public Road

    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...
  14. Creation of an Easement: Re: Can a Prescriptive Easement Ripen if Neighbor Has Access to Public Road

    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...
  15. Creation of an Easement: Re: Can a Prescriptive Easement Ripen if Neighbor Has Access to Public Road

    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...
  16. Creation of an Easement: Re: Can a Prescriptive Easement Ripen if Neighbor Has Access to Public Road

    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...
  17. Creation of an Easement: Re: Can a Prescriptive Easement Ripen if Neighbor Has Access to Public Road

    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...
  18. Creation of an Easement: Can a Prescriptive Easement Ripen if the Neighbor Has Access to a 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...
  19. Termination of an Easement: Re: How to End a Neighbor's Use of a Shared Driveway

    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...
  20. Termination of an Easement: Re: Ending Neighbor's Use of Shared Driveway

    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.
  21. Termination of an Easement: How to End a Neighbor's Use of a Shared Driveway

    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...
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