Legal Question in Real Estate Law in New York

Two feet of land on OUR side of the fence belongs to them?

My family has lived on our property in a suburban neighborhood for 18 yrs. If you can picture that our house faces forward, the house/property on our left faces the left and our houses are arranged such that we have the same backyard. The backyard, however, is ours and their yard lies on the side of their house (they are situated on a corner). We received a ''fencing agreement'' today from the lawyer of the new buyers of that property, informing us that the fence dividing our properties actually lies from .5' to 2.5' on their property and that we should sign over rights and claims to the number of feet in question.

The catch is that my father (who has passed on) planted a garden/flowerbed that runs along the fence - which surrounds our yard. This fence was standing when we moved onto the property 18 years ago. That means that these new neighbors can come in and claim our garden/flowers to do with as they please.

What can we do in this case? If it was simply plain grass land, we woud not have a problem. however, our flowers all are against the fence all the way down the length in question. Who knew that the fence that was standing there when we moved in did not seperate the property? It actually surrounds OUR property.


Asked on 6/28/02, 12:37 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Two feet of land on OUR side of the fence belongs to them?

Assuming his survey is correct ask for an easment to the property for you and your heirs and assigns to maintain your flower bed. You may also look into a claim of adverse possession under the NY Real Property Law.

Read more
Answered on 6/28/02, 6:43 am
Galal Chater Chater & Associates

Re: Two feet of land on OUR side of the fence belongs to them?

DON'T SIGN ANYTHING!!! You may very well have a right to the land under adverse possession. The New York statutory period is 10 years - however, there are other elements involved in asserting a claim under adverse possession. If you would to discuss this matter, call my office and I would be happy to talk to talk you in further detail.

646 - 638 - 3701

Read more
Answered on 6/28/02, 12:26 pm


Related Questions & Answers

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