Watch out for adverse rights

Posted by jdemaris on January 05, 2007 at 07:30:21 from (66.218.12.161):

In Reply to: O/T Property rights posted by SamMI on January 05, 2007 at 05:16:48:

Yes, you could have a problem and it may be too late to protect yourself. It's complicated. I've had almost exactly the same problem. In your case though, I assume you haven't checked for any deeded right-of-ways?
People using a road through your property can claim they've done so without your permission. With the right judge, then can call it "adverse" and thus get a permanent easement.
In my situation - I send out a certified letter every 9 years to all adjacent property owners - informing them that I give temporary permission for all to use my road. It can be retracted at any time - and if anybody claims to have rights/easements - to contact me. Will this protect me? I don't know - but it prevents them from claiming an "adverse easement" since I've given permission.
If you want to read on - here are the specifics to my situation. I bought a 50 acre parcel of forest land in northen NY 20 years ago. It is surrounded by wood lots and hunting camps. 20 years ago - one logger owned all the land as one parcel - and parceled it out all at once. There was an old town road cutting through all the properties. The original Town Road has long been mostly under water - hadn't been used or maintained since 1910. A hunting camp at one end - erected a steel gate thus closing access for the public to the old town road and the town did nothing about it. All the properties have the old town road mentioned on their deeds for access. When the logger cut for the last time, he built a logging road through the center of my property - and that is how I access it. It connects to a maintained Town road. Now, many adjacent property owners are land-locked - unless they use the logging road on my property. Many assume it's the remnant of the old Town road - and it's not. Last year - a logger - working on a parcel beyond mine, bulldozed my property - and put lots of fill in - so he could come and go with his log truck. I pressed charges against him. He first insisted he was "doing me a favor." I did not agree. We finally settled, and he signed paperwork acknowledging he had been trespassing and illegally widened the road. I planted new trees, and moved dirt, and narrowed it again. I only get up there once or twice a year - it's four hours from where I live. Every time I go there, I find trees removed, fill put in wet spots, etc. Many of the property owners have been asking the Town to take over the road - on my property! I told them to get the Town to fix the original road for all to use - but since it's been long under beaver-water - they don't want to deal with it. If fact, the Town has made efforts to claim it never WAS a real town road.
So, what will happen in the future, I don't know. If I lived there - I'd put up a gate, guard it, and let things fly. But - without living there - any such gate would just get knocked down. I was also warned - that if I put up any fences, and someone gets hurt on a four-wheeler or snowmobile - on my heavily posted property - I will be held legally repsonsible.
I said it before, and I'll say it again. I'm not sure it's worth owning property anymore. At least, not in New York State.

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