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Old 11-05-2010, 11:55 AM
 
Location: Central NJ
633 posts, read 1,783,724 times
Reputation: 646

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Has anyone ever heard of the the term "by use right of way". I ask because I just bought my grandfathers farm and which has a small lot and I have school buses, snow plows and other using it as a turn around and parking. One person said well we have been using it for a while and then said there is the by use right of way. I am trying to figure out if they are BS'ing me and trying scare tactics (adverse possession). Just because they have been turning around doesn't mean they have the right to continue. The person who said it was a county worker from the bordering county.

This is my property and it's my right to permit the use or not..

Any input?
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Old 11-05-2010, 01:10 PM
 
Location: Where my bills arrive
10,555 posts, read 10,957,610 times
Reputation: 10008
The term right of way is normally a perminent easment granted to a public entity such as the power company, phone etc. An easment may be for an adjoining landowner to access their property. Any "legal" easement's/right-of-ways should reflect on the property survey. Check with the town/county offices if the survey does not reflect it then you should be free to put a chain up along with signs to inhibit their actions.
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Old 11-05-2010, 05:23 PM
 
4,264 posts, read 10,257,183 times
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There are so many possible variations that if something bothers you regarding an apparent encroachment, there is no substitute for contacting a lawyer, who might then have you engage a surveyor. Or if you had a recent survey from the land transfer take that to the lawyer.

Things can get weird in a hurry, especially in the parts of Eastern NY that once had institutionalized feudalism. If you think all the lawyers are in cahoots in the seat of the county you're in, try asking an attorney for advice in a bigger town in the next county.

After that, depending even more on the situation, you could decide whether any benefit to you from pursuing action might be worth something that could be seen differently by the general neighborhood, regardless of the legal rights of the matter.
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Old 11-13-2010, 07:17 AM
 
Location: Central NJ
633 posts, read 1,783,724 times
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I want to thank you both for you input. I have a survey and did a title search prior to purchasing and I know this is not a legal easement that my grandfather may have given for a bus turn around. He may have let the snow plows turn around since it is on the county line. With satellite pics I can see the activity started after my GF death and no one around to police. Now the local comment is "well we have been doing this for ever" is just not going to work with me. As for making the community angry, the property was in probate for a while because a local realtor was trying to steal it, 2 different loggers cut timber from stands that were at least 100 years old. One neighbor was trying his on adverse possession and was regularly hunting with his cronies even though the property was properly posted. He even said to me I could not tell people they could not hunt. I have snowmobile and ATV activity when I am not there. Wednesday I was there and "patrolled" my southern boarder to see if any bow hunters were there only to find either the DEC or the local snowmobile club cleared a 50 X 30 area of the side of a road to setup a spot for the snowmobiles to group, when the other side of the road is level and state property.
My brother in florida has said get a gun and I thought that a little extreme NOT any more I am getting really pissed with the attitude of we will just do what ever we want!

I even have another neighbor throwing his bulk garbage over the stone wall, pipes and a frickin large upholstered arm chair.

No it time people realized things better change and as the Texans say "don't tread on me".

A little in the woods target practice is called for, I am tired of worring that if I walk my own property during hunting season I might get shot! It's time to turn the barrel. Now I am not legally allowed to shot anyone (darn) but I am legally allowed to bear arms hold you while the state troopers come.

Oh yeah the neighbor who thinks he has the right to hunt anywhere also has to 100 gallon tank feeders setup with 2 tree stands on either side in his woods.

Give me a break. Now of course I can't turn him in because when I go to build I am sure all will be stolen.

Grrr

Boarder wars; it does not matter what country your in or your religion...
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Old 11-13-2010, 08:17 AM
 
2,440 posts, read 5,181,549 times
Reputation: 1979
Use of a piece of property is often an easy way to gain land. Case in point- my parents' neighbors starting mowing an area that was actually my parents' property. That side of the property is about 20 acres and if it had been allowed to continue, they could have claimed what they mowed as their own land, if not interfered with... a long fence went up, to re-claim their own property.

It's a certain number of years that people are allowed to use your property, uninterfered with by the property owner, that gives them a legal foothold to claim continued use. I'm not sure of the number of years... it's often easier to give them an easement than insist that no one use it. Until it becomes a legal easement, however, a new property owner has the right to inform concerned parties that their land shall NOT be used... I'd suggest sending a certified-return receipt letter (make copies, keep receipts of THEIR receipts) to those who use it, stating that they are NOT permitted use of your property. That will protect you from suit of an easement later.
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Old 11-14-2010, 12:44 PM
 
Location: Where my bills arrive
10,555 posts, read 10,957,610 times
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Jersey Mike welcome to life in the country. Down here if you post your land no hunting then they are treaspassing unless they are retreiving their dogs. As for the rest of the local gentry they just need to realise that the open range is over. If you can prove which logging company logged the land they are libel to compensate you for the value of the timber. It sounds like the 1st thing you need to do is establish the property line along the paved road, barbed wire works good.

Good luck with everything!
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Old 11-14-2010, 02:28 PM
 
2,440 posts, read 5,181,549 times
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That's the problem with fences up here, as opposed to where you are in VA. Barbed wire is illegal many places in NY, even in a lot of rural towns (and by town, I mean jurisdictional areas... not a more densely-populated area like a village or city.) You can also be sued if someone hurts themselves on it, even if it's old barbed wire from decades ago/different owners. Cord doesn't work either, as four wheelers, dirt bikers and snowmobilers can get severely injured by them by not seeing it... and then sue the property owner. The only real option is a true fence or posting No Trespassing signs EVERYWHERE. Thick twine or cord can be wrapped around trees, however, as long as there are neon strips every few feet... it needs to be plainly visible that there's a fence right there. (CANNOT be white, as it blends into the snow in winter.) You may electify wire as well as long as, again, there are some sort of markings that there's a fence... there are large "beads" that you can clip on them, to make sure it's seen.
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Old 11-20-2010, 09:35 AM
 
8,648 posts, read 15,847,000 times
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Some of you seem to think that if I own 10,000 acres of land somewhere and that I don't visit it say for five years that it gives someone the right to just take it... I don't think so....

If what you think was true "I'd" be out there stealing "Your" land....
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Old 11-20-2010, 12:28 PM
 
6,097 posts, read 13,946,945 times
Reputation: 9996
Quote:
Originally Posted by proulxfamily View Post
It's a certain number of years that people are allowed to use your property, uninterfered with by the property owner, that gives them a legal foothold to claim continued use.
The time period is 21 years. There are several criteria that needs to be met to prevent a claim of adverse possession:

Open & Notorious use of the property
Exclusive Possession
Adverse to the Owners Intent

Proulxfamily is correct that you should send a certified letter, which should prevent any claim against your property.

There is also prescriptive easement which they can lay a claim to the use of the land, but cannot get title to the land.
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Old 11-28-2010, 12:56 PM
 
Location: southwest TN
8,338 posts, read 15,859,591 times
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Adverse possession may be as short as 7 years in some states. Research NYS and the specific town/county to see what is it in that jurisdiction.
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