Legal Question in Real Estate Law in New York
adverse possession
My neighbor has taken over a small section of the my property. She has fence off the area behind my garage and set up a rock garden. The fence blocks my access to the area. She installed a reed fence on the back wall of my garage. She attached the reed fencing to the garage with large metal stakes which have damaged the stucco finish of the wall. She also planted ivy which has grown up the wall and under the roof shingles causing them to curl and separate from the surface. Each time I try to reclaim the property she calls the police. I have shown them my survey which she claims is incorrect. She claim to have a survey that contradicts my survey but she has yet to produce. I have several letters from her attorney threatening to take me to court if I take down the fence that extends 26 inches onto my property, blocking my access to the area behind the garage. I have tried to be a good neighbor but my patience has run out. I would appreciate your advice. Thank you.
2 Answers from Attorneys
Re: adverse possession
Since you have a survey that shows the property belongs to you, you could sue your neighbor for trepass and property damage in civil court.
If they (or previous owner) have claimed and cultivated this area, without your permission, continuously for 10 years they may counterclaim for advrse possession.
Re: adverse possession
Don't delay any longer; time is against you in adverse possession cases. Get an attorney to file suit to quiet title ASAP or you may lose your land. If you question your survey get another one, but you should probably file suite first if you have already delayed.
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