I am in legal dispute over waterfront property lines in New York State that I have owned and maintained for more than forty years. I have a concrete platform and stairway to the water attached to my dock. A neighbor
who inherited the property recently had a survey
done which says my property is encroaching on theirs. My deed says that I have ten feet of waterfront and riparian rights to the center of the lake. I have updated but not changed the footprint of my dock. These neighbors are harassing and stalking us. We have sued them over the property and harassment, but our lawyer says that we can only sue for a prescriptive easement
. I know that even if I am awarded an easement, these neighbors will then be able to use the area to harass us. Is it possible for a NY state court to award us title, rather than an easement? The legal paperwork is seeking prescriptive easement rather than title. Our neighbors have requested a jury trial, but it has not been scheduled and probably won't be until January. I would appreciate another legal opinion.
JA: Because real estate
law varies from place to place, can you tell me what state this is in?
Customer: It is in Columbia County, New York.
JA: Has any paperwork been filed?
Customer: Yes, there have been a couple of conferences. Court date has not been set.
JA: Anything else you want the lawyer to know before I connect you?
Customer: It is a complicated case; I think this is a fast summary. How does the connection process work?