Legal Question in Real Estate Law in New York

about to lose land

This is on agricultural land: An adjoining landowner had their land surveyed and we tend to lose a few acres. There is an obvious border (old fence) that has been there for decades also an obvious difference in the age and species of trees. Their side has mostly, young white pines and our side has older oak trees. Other neighbors agree that the fence line is their own line. The surveyed line does run perpendicular to the old fence. Is there some type of 'grandfather' law that would keep the line where it is or does a survey override this? What should we do? Thank you, in advance.


Asked on 8/11/08, 9:20 am

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

Re: about to lose land

You do need an attorney on this one. If you have occupied the land "Open and Notoriously" for ten years you have a case for keeping the land. Again this has to be reviewed and a case started immediately to preserve your rights.

Please read http://wiki.lawguru.com/index.php/Adverse_possession

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Answered on 8/12/08, 2:05 pm


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