Legal Question in Real Estate Law in New York
Maintaining property 10 feet off property line
We purchased a home in March 1994 and have maintained a section of property behing our home that extends 10 feet beyond the property line. Recently a home was built on the property behing our home and the new owner intends to put a fence up (on the line). Is there any recourse that we have to prevent him from installing the fence?
3 Answers from Attorneys
Re: Maintaining property 10 feet off property line
As long as the fence does not encroach on your property, your neighbor should be able to do this.
What you are thinking about is "adverse possession", where that 10 feet may become yours over time and under certain conditions.
See an attorney to discuss this but it may require a lawsuit to 'quiet title'.
Good Luck
RRG
Re: Maintaining property 10 feet off property line
No, probably not. You are probably thinking of adverse possession which requires that you use property exclusively, openly and notoriously for 15 years and it then is yours. Your neighbor's fence on their side of the property line will stop that.
Re: Maintaining property 10 feet off property line
As long as the neighbor builds on his property, conforming to any local rules on setbacks and any fence ordinances, it is permissable. I suggest you check your communities ordinances, if any, on these matters to assure compliance.
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