Mehdizadeh v. Mincer

Opinion

KITCHING, Acting P. J.

Introduction

Real property law distinguishes between the different concepts of adverse possession and prescriptive easement. It is more difficult to prove adverse possession, and with good reason; a claimant relying on adverse possession seeks fee title to disputed property. A prescriptive easement, by contrast, simply allows a claimant the restricted use of property owned by another.

This appeal involves a dispute between neighbors which followed their discovery that a fence built many years earlier was not located on the legal boundary between their properties.…