Legal Question in Real Estate Law in New York

Eminant Domain

A campsite adjoining my property has crossed over the line and set up seasonal campers on my property. I sent them a bill for land rental and they paid with a company check stating land rental on it. Will this stand up in court if they ever go for eminant domain on the use of our property or should I take further measures? Thank you


Asked on 6/27/00, 11:56 am

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Eminant Domain

The fact that you notified them you are aware of the situation and have resolved their "adverse possession" by renting them the property, should prevent a claim. I would suggest putting the arrangement in writing and keeping copies of their checks, just in case they make the claim.

Walter

Read more
Answered on 9/07/00, 9:44 am
Philip Schnabel Schnabel Law Office

Re: Eminant Domain

You ahve confused "Eminent Domain" which is when the Gov't. confiscates private property for a public purpose, with "Adverse Possession" which is when a party occupies anothers property for a period of ten years open and notoriously and then claims the property as its own. In your case rent was paid to you for the use of your land, so there is no claim of adverse ownership. If you do not wish to rent out that portion of your premises give written notice and after any refusal to vacate, institute removal proceedings.

Read more
Answered on 9/08/00, 8:20 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York