Legal Question in Real Estate Law in New York

fence

My neighbor built a short fence (about 20 feet?) on what he thought was our property ine - it is actually a few feet in, meaning that some of the land on one side of the fence would appear to be on his property. I know there is a law about the land becoming his if the fence stays there long enough. Can you clarify?

Thank you,

--name removed--in New York


Asked on 7/30/08, 6:18 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: fence

You are thinking about adverse possession. There are five essential elements necessary to constitute an effective adverse possession. Specifically, the possession must be:

(1) hostile and under a claim of right;

(2) actual;

(3) open and notorious;

(4) exclusive; and

(5) continuous for the statutory period.

The statutory period is 10 years.

Mike.

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Answered on 7/31/08, 9:02 am


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