Legal Question in Real Estate Law in New York

As a New York Real Estate Attorney, I would certainly talk to the neighbor first to ask him about having it moved. If you plan on getting along with this neighbor for any period of time, it's both legally prudent and socially responsible to put you neighbor on notice that their fence is encroaching on your property.

I would base my next steps on the neighbor's response. You don't have an option in this case. You have to keep your neighbor's fences, sheds, pools and decks off of your property or you can lose the property upon which your neighbor has encroached.

This legal principle is called "adverse possession" and it simply means that if someone is on your property and they aren't hiding the fact that they're on your property, it's your legal responsibility (as a land/home owner) to tell them to get OFF your property. If you don't and they stay there long enough (this is called "open and notorious" use of your property).

Getting back to your neighbor's response. If the neighbor is reasonable, I would work with them in an effort to preserve the relationship. If the neighbor ends up being unreasonable, you have several options. You can either send a demand letter or file a lawsuit. The direction that you take is something that you and your attorney can discuss when you consider the best possible response.

I would strongly suggest that you hire an attorney for this dispute. You may have title issues and other matters to consider that will require a lawyer's knowledge and direction.

I hope this helps.

Best regards,

Christopher Moye, Esq.