Legal Question in Civil Litigation in New York

grandfather clause or encroachment

We have a property that joins another property we have a fence around our property that has been there since 1977 new people have bought the adjoining property and have had a survey and we now see that our fence goes onto their property about 4 feet my question is would this fence be grandfathered in or is it considered encroachment


Asked on 5/27/04, 9:49 am

2 Answers from Attorneys
Gary Adelman Adelman Matz, P.C.

Re: grandfather clause or encroachment

you may have a claim of adverse possession, I would not do anything until you have consulted with a lawyer. Feel free to contact me to discuss this matter in more detail

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Answered on 5/30/04, 9:49 pm
David Slater David P. Slater, Esq.

Re: grandfather clause or encroachment

You may have a claim for adverse possession if they and/or the prior owners knew of the encroachment and did nothing about it.

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Answered on 5/27/04, 2:47 pm


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