Maybe I'm missing something here - so correct me if I am. I find land law interesting - and have studied land laws and case law pretty closely over the years - mostly out of necessity.
You transfered title of a piece of property to someone else - starting with your son - correct?
Once you did so, you no longer had any legal rights to the property, correct?
You did so without retaining/reserving any sort of easement back to the parent-parcel of land that you own and live on.
Ever since, you've driven across property you don't own and claim a right to do so.
In New York as well as most other states you don't have a legal leg to stand on - unless . .
#1 you claim a "prescriptive easement" and for that, each state has strict rules and time-frames. Usually, you have to do it for 10 - 21 years.
#2 you claim a "appurtenant easement" and again, there are strict rules. This would be an easement created by court-order by a judge, and requires the parcel you live on to be legally landlocked. These are not granted to provide convenience, only to alleviate the problems of landlocked parcel.
When you cross someones property, and they tell you to get off, and you don't - at that point you are trespassing. If you get charged, legally, the burden is on you to prove otherwise - the property owner only has to prove ownership.
So, as I said - maybe I'm missing a few facts here. Just because your family owned and used the driveway for 130 years - it means nothing legally. That's kind of like saying a farm - or house was in the family for 130 years - and therefore you can all use it forever - even if you sell it to someone esle? And, 130 years of use does not create any sort of easement since easements are not granted to owners of property - on that property.
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Today's Featured Article - Talk of the Town: The Saga of Grandpa's Tractor - by The following saga is from the Tractor Talk Discussion Forum. Someone. The saga starts with the following message: Hey guys I have a decision to make. I know what you all will probably suggest and it will probably agree with me way down inside, but here it is. I have a picture blown up and framed in my "tractor room" of a Farmall M. It was my Grandpa's tractor, of which whom I never got to meet. He froze to death getting this tractor out of the barn to pull a truck out of the ditch before I was born. Anyway my dad and aunt had to sell it at the auction,
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