How do I resolve an easement or boundary dispute in New York?

1. Easement Types

NY recognizes express easements (written deed, recorded under Real Property Law § 291), easements by necessity, implied easements from prior use, prescriptive easements, and easements by estoppel.

2. Adverse Possession Elements

N.Y. RPAPL §§ 501-551. 10-year period. Elements: hostile, actual, open and notorious, exclusive, continuous. The 2008 amendment (RPAPL § 501(3)) requires "a reasonable basis for the belief that the property belongs to the adverse possessor" — eliminating most "land grab" claims (overturning Walling v. Przybylo).

3. Prescriptive Easement

10-year period under CPLR § 212. Elements: adverse, open, notorious, continuous, hostile use under claim of right. No tax payment required.

4. Quiet Title Action

RPAPL Article 15 (§§ 1501-1551). File in Supreme Court of county where property located. Detailed pleading and service requirements; lis pendens recommended.

5. Boundary Disputes

NY recognizes practical location (long acquiescence in a boundary line for the 10-year statutory period creates a binding boundary). Licensed land surveyor's stamped map is essential evidence.

6. Encroachment Remedies

NY applies a relative hardship balancing test (Hoffmann Investors v. Yuval, 1 N.Y.3d 211). De minimis innocent encroachments may receive damages rather than mandatory removal injunction.

7. Express Easement Termination

Release (written, recorded), merger, abandonment requires nonuse PLUS clear acts evidencing intent to abandon (Gerbig v. Zumpano, 7 N.Y.2d 327), expiration, or end of necessity.

8. Marketable Title

NY has no general Marketable Record Title Act, though Real Property Law § 345 addresses certain ancient interests. RPAPL § 1951 allows extinguishment of obsolete restrictions.

9. Litigation / Mediation

Supreme Court for title actions. NY has expanded court-annexed mediation; Part 146 ADR rules. Local Town courts handle small encroachment matters.

This is legal information, not legal advice.