Shared driveway kings county ny

[sigmundf]

I have a shared driveway
where I have parked for the past 35 years
now there is a new owner
so I have to share my driveway with him
he has no garage in the back
I do have a garage in the back
I have heard that since I have used the driveway for 35 years I have the right to the driveway
( a ruling in Kings county Brooklyn NY )

please advise
sigmund

 

[army judge]

I have a shared driveway
where I have parked for the past 35 years
now there is a new owner
so I have to share my driveway with him
he has no garage in the back
I do have a garage in the back
I have heard that since I have used the driveway for 35 years I have the right to the driveway
( a ruling in Kings county Brooklyn NY )

please advise
sigmund

You're thinking about adverse possession.
It isn't as easy as saying, open sesame.

New York state law, as articulated by the Court of Appeals in June 2006 in the case of Walling v. Przybylo, a claim of adverse possession can be made if an individual "openly, notoriously and exclusively" uses the property of another continuously for 10 years, believing he has the right to do so.

One of the main issues in the case was whether a person could assert a valid claim if he knew he did not own the property. The court ruled that even if a person knew the property he was using was not his, he could indeed make a claim of adverse possession, provided the time period and the other elements were met.





Now, here's your problem in asserting adverse possession and attempting to claim sole ownership in the driveway.
The other party's deed likely includes a provision for use of the driveway, as in an easement.

Even if it doesn't, statutes normally create a right to use the driveway to enter and exit his property, thereby giving an easement for use.
If such is the case, your adverse claim possession would fail.

One last comment on a potential adverse possession claim is that the adverse possessor (that would be YOU), must openly, notoriously, solely, and actively possess the property of another against that owner's interest subjecting himself to eviction all the while.
You haven't done that, because you admit to sharing the driveway with previous owners.
In NY a ten year continuous period of occupation and use must elapse, in order to assert the claim.
Anyway, its been an interesting intellectual exercise, and took me back to property class in law school many, many years ago.

In the interest of full disclosure, I never actively practiced as a property lawyer.

That's why I suggest you discuss this with a local real estate or property attorney before you do anything.
If you make any missteps in asserting a claim of adverse possession, you could lose whatever constructive right you want to assert.






You want to start by educating yourself:

http://www.tourolawreview.com/2013/05/new-yorks-adverse-possession/

http://www.titleinsuranceny.com/pag...mational-articles-for-attorneys.aspx?pci=1099

http://codes.lp.findlaw.com/nycode/RPA/5






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