Legal Question in Real Estate Law in New York

Encroachment On my Property

I recently found out that the building next to one that I own is built on 14''inches of my land..His building butts up to my building when there should have been a gap of 14''

What can I do about it? and is it too late? Is there a time deadline to file a complaint?


Asked on 1/30/04, 5:52 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Encroachment On my Property

You fail to indicate how long this has existed.

Read more
Answered on 1/30/04, 9:04 pm
Arnold Nager Arnold H. Nager, Esquire

Re: Encroachment On my Property

The Statute of Limitations on prescriptive use is eighteen years. How long has this situation existed?

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.

As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

Read more
Answered on 1/31/04, 1:15 pm


Related Questions & Answers

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