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