Legal Question in Real Estate Law in New York
Adverse Possession
I am Purchasing A Small Piece of Property That The Owner is Selling after Owning for 35 Yrs. He is Selling only because A New Neighbor is Causing Problems Him Problems over Property lines. The New Neighbor Had his property Surveyed
AFTER His Pruchase of the Property. He Discoved that The the Entrance Porches of the Trailer we Are Purchasing in On His Land. The Problem Is that They Have Been there for At Least 35 yrs. Since the Neighbors Survey the Old Owner had
Try to work Out a settlement But the Neighbor would Not Co-Operate,Only to Insult the Old Owner By Offering Him $2000.00 for His Home & Land. What options do I Have with the Adverse Possesion Law? Both Entrances Are On That Side Of The Home. The Neighbor has Put Up a Cornor Fence which we have to Go around to get Into The Camp. Any Info you Can Give Me Would Be Appreciated.
Sincerely,
1 Answer from Attorneys
Re: Adverse Possession
Adverse possession can only be determined in court. Your title company will escept this from your title policy becasue it will require the owner to sign that he knows of no issues affecting title.
You need (I assume that you have discussed this with your lawyer and are not going behind his'her back) to get documentation from your seller and then proceed to a court action after purchase.
Good Luck
RRG