Adverse Possession (long) - Posted by Paul_NY
Posted by Paul_NY on February 05, 2000 at 23:55:05:
I have a 2 family residence on a main highway. A commercial building is situated next to my property.
My property was subdivided out of the commercial property lot in 1979, according to the deed, and then the owner sold both parcels. The new owner moved and let it go for taxes. I bought it at the tax sale in the 1990’s.
The commercial property (once the entire property) was at one time a gas station, a plumbing shop and now a small engine shop. The mechanic at the shop is brother/son of the title owner. He has no employees.
A driveway/road encompasses the commercial building and FOR YEARS vehicles have driven around it. There is a moderate amount of usage of this road as the US Post Office sublets a portion of the commercial building (the other side of the building) and people drive around the building because it’s convenient, but the post office lease covers only the driveway/road on its respective side.
My property line run straight up this driveway/road on my side and takes up a majority of the width of the road. If I fence the property line (there’s a survey stake in the road), it would stop the ingress and egress to the back of the building where the small engine shop is located. Everyone would them have to go around to the other side where the post office is located to access the small engine shop.
A review of the deed shows no right of way or any easement which allows this driveway/road to remain open or to be shared. The original grantor of both buildings obviously subdivided the property with no regards to the driveway/road.
I’m planning to sell my 2 family soon.
I must admit, I’m a bit annoyed paying property taxes and watching the public drive in my yard (they don’t know about property lines, they’ve been doing it for years) and watching all the small engine shop customers come and go.
In the winter, the small engine shop has the snow cleared to open the road. Many times, it is pushed up onto my property. Last year, a portion of the log fence that seperates my lawn from this road was plowed down. I have repeatedly complained about this situation to the owner of the building, but nothing is ever done about it. The owners brother runs the small engine shop (by himself) and contracts the snow removal.
This year again, the snow was pushed up onto my property. After phoning the owner yet again, he responded by saying, “put posted signs on your property. I don’t have anything to do with it.”
Yeah right! A posted sign on my front lawn and no control over the happenings at the property.
So, I had to bring up closing the road to public use. “Why does it need to stay open?”, I asked. And he replied “because we need that road”. So, I mentioned the location of the property line and he said to me, “you’re gonna start that sht! Why are you being such a dckhead?”. As I remained silent on the phone, he said his lawyer told him that he was allowed to use the road (yea, right! This issue never came up before) and he would go to court on it.
I don’t have a problem with going to court if I have to.
My property has no driveway. I can’t expect to show/sell the building and tell the buyer to park on the lawn along with his tenant, and then say ‘that road is part of the deeded property too!’
Should I just fence the property boundary and face the coming kaos. Or should I sell the property the way it is.
I found this law link to NY Consolidate Law, and it doesn’t look good for me.
Please give your thoughts and opinions.
See you in court, sonny!