Do I have grounds for an easement and to retrieve my property?

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Do I have grounds for an easement and to retrieve my property?

I have been using a pasture which has now been owned by another person for the last few years. I was told that I am no longer allowed to use the part of the pasture that belongs to the new owner and that I am not allowed to retrieve my posts and wire. We initially had a verbal agreement before and after the new owner took possession of the property.

Asked on February 21, 2017 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You must be allowed to retrieve your property, since you'd had it placed with permission of the then-owner (i.e. your placing it there was not trespassing or otherwise illegal). If not, you could likely sue for its value, since they have no right to take or withhold the posts, etc. from you. However, you do not have a right to get an easement: easements are either given voluntarily (e.g. the other property owner will give or sell you it) or are given by a court if you have land of your own which can *only* be accessed by crossing another person's land. In that limited case, you can get an easement to cross the land to get to your property. But the fact that you previously had an oral (that's the better term than "verbal") agreement to use land with a prior owner does not give you any rights to an easement.


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