Can you explain the situation in a little more detail?
I am assuming that utility lines (electric, phone, gas, water?) to
"your" property run across a neighbor's land, but this may be wrong.
I believe in NY State the legal term is "prescriptive easement", and
that a permanent right is established after ten years. This law exam
question seems to apply:
http://www.nylawyer.com/display.php/file=/exam/qa/298barqa3
From my understanding of the "adverse possession", which is related to
prescriptive easement, since the permanent right to the easement
occurs after ten years of uninterrupted use, there is no need to apply
for a formal easement, but as always in law, the matter can be more
complicated, and there could be situations that made it advisable to
seek an earlier formal easement, e.g. if the present neighbor is
planning to sell, thus avoiding the possibility that a new owner
sought to obstruct your use.
That usually costs something - beside legal fees - since the owner
is "selling" you the right to use his property.
Of course, this is no legal or professional advice, as you can read in
the disclaimer below. |
