I have a septic tank on my neighbors property in the back yard. I have been maintaining the back yard, mowing and using ?

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I have a septic tank on my neighbors property in the back yard. I have been maintaining the back yard, mowing and using ?

I have been living here for over 18 years mowing and using the back yard as i
only own 8′ from by house out back. my septic tank and leach field is fully on
her property. how quick,easy can I get an easement by prescription ? I have asked
her twice over the years to sell me the property but she has declined. This has
been a while ago. She is now selling her property which i assume she has to
disclose the issue to the new perspective buyer ? I might be selling my house in
2 years and need something done to make my property sellable as well.

Asked on July 25, 2019 under Real Estate Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Has she been been allowing you to use her land? Does your use of the land in any way stop or block her use of it? From your question, it appears that you do have her permission to be on her land and use it, and that your use of it does not preclude her own use. If that is the case, you cannot get an easement by prescription, since an easement by prescrition is similar to adverse possession in that your use must be "hostile" and "adverse" to her use--not something she has been permitting you to do and consenting to.


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