Legal Question in Real Estate Law in New York

My mother is the owner of a house,however a construction worker built our fencing too narrow leaving some of their land with the next door neighbors property,the neighbors have recently had some concrete tiles placed in their back yard however ITS ON OUR LAND.The construction worker has to move back the fencing so we can regain our land.Since the neighbors concrete floors are already in place is it with in our legal right to break it down and build our fencing wall back up"?How should we handle a situation like this is there any statue of limitations in this situation?


Asked on 7/05/10, 12:28 pm

1 Answer from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Your neighbor is obligated to remove the tiles.

You may have to go to court if they refuse.

For them to make a claim for adverse possession, this situation must exist for 10 years.

If the area is not large, why not just give them written permission to use the property under no claim of right?

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Answered on 7/05/10, 6:38 pm


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