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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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Type your question here.we own property in fort ann, new york,

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Type your question here.we own property in fort ann, new york, which I purchased 3 years ago it has a legal address on stones way and has had for the last 30 years as the previous owner built he home with the address as stones way it has 2 accessd driveways off stones way, now the owner of stones way mrs copeland, previous owner has startged puting rockis across the drive ways so that we don\t have the use of her road and accessd to the driveways which have been used by the previous owners and now us, our only access would to go the expence of tree removal and excavation to install another driveway at a didderent locatioin con you advise our rights thqank you
Submitted: 2 years ago via InBrief.
Category: Real Estate Law
Expert:  Damien Bosco replied 2 years ago.
Hello and Welcome! My name is***** am a licensed attorney. I have assisted hundreds of others with their legal questions. I am happy to help you!
Most likely you have a prescriptive easement with the right to access. A prescriptive easement is an easement that is earned by regular use -- it is not something that is purchased, negotiated, or granted. A prescriptive easement is simply a right to use property.
The requirements to establish a prescriptive easement are:
1. Use that is actual and open
2. Use that is adverse to the owner (w/o permission)
3. Five years of continuous use
4. Must not exclude use by the owner .
The most common legal cause of action is a “quiet title” action, a lawsuit that requests that the court determine the status of the title to the property.
Since your neighbor is blocking use of the drive ways, unfortunately, you would have to bring a lawsuit showing a prescriptive easement and have the court determine your right to use the access. You would also include an injunction to prevent the blockage pending resolution.

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