[prettylilly1]

What is a property easement in New York?

[LisaB4657]

An easement is when someone owns property and they give someone else the right to enter onto a specific portion of that property for a specific purpose.

Tell us more about your situation and we can give you more of an answer.

[prettylilly1]

An easement is when someone owns property and they give someone else the right to enter onto a specific portion of that property for a specific purpose.

Tell us more about your situation and we can give you more of an answer.

My property is 808. To the north is property 806.there is a chain link fence in the northeasterly corner of 808 it extends westerly along a portion of the common boundary line between 808 and 806. At its easterly end said fence appears to be located up to 1.2 feet inside the propertyof 808. I take this to mean that the property line of 808 is actually 1.2feet north of the chain link fence.in 2002 806 quitclaims, remises and releases all interest they have in and to any premises south of the northerly border line of 808. Is it my responsibility to give a copy of this easement to the occupants of 806? They are using the area north of the chain link fence to grow 4 large plants in orange buckets which makes it impossible for me to mow that section of the lawn. ( they are not caring for the lawn in this area) they have been here for 2 years and never objected to my caring for the lawn. They also never asked if they could place the buckets there

[ScottGem]

I don't see this as an easement. An easement would be if you gave 806 the right to use that strip of property on the north side of the fence.

But you didn't and the previous owner release any rights to that strip. Since the deed seems to indicate that the property line is north of the fence, then the current owners of 806 have no right to use that strip. As soon as thewy placed the plants you should have informed them that the strip was your property and to remove the plants. If they refused you should have taken them to court over it.

[LisaB4657]

From what you've said here there is no easement for them to use that property. If the prior owner of 806 gave you a quit claim deed for all property south of the property line, and if you recorded that deed, then all property south of that property line is yours regardless of where the fence may be located and no one else has the right to use it.

Before you say anything to the current owner of 806, re-read the quit claim deed and make sure it doesn't reserve any rights to the owner of 806 to use any of that property. Also, do you have a survey of the property that shows the fence? You should check it to be positive that your property border extends past the fence line.

Once you confirm both of these things you can speak to the current owner of 806 and show them your paperwork.

[ballengerb1]

I agree, you must take action to defend your claim to that property. Over the years the other party might eventually try to claim it as in adverse property claim. If they openly and adversely act as if that property is their it could some day become theirs.

[AK lawyer]

I agree, you must take action to defend your claim to that property. Over the years the other party might eventually try to claim it as in adverse property claim. If they openly and adversely act as if that property is their it could some day become theirs.

Right. In fact it might be, I'm guessing, that the owner of #806 was thought to maybe have an adverse possession claim to the strip north of the fence, and the deed was given so as to extinguish such a possible claim.