Legal Question in Real Estate Law in New York

Encroachment

25 years ago I placed a drain pipe on adjacent property with the permission of the owner's son. The owner has died an willed the property to another son. I have nothing in writing, and now the new owner wants the pipe which is above ground removed from the property. The pipe runs along

the edge of the property and the water drains into a village drain. I have offered to bury the pipe on his property at expense of $600, the owner wants is removed from his property, and redirected on my property at an expense of $2,500. Do I have to remove the pipe legally and/or could I be sued, even though I was granted permission by the owners other son? Can I save the $2,500?


Asked on 6/20/04, 2:07 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Encroachment

Since it is above ground and been so for many years, you may have acquired rights to allow it to remain by adverse possession. Check with a local real estate attorney. If you have acquired these rights, you have a defense to any suit for removal.

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Answered on 6/20/04, 2:18 pm


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