Legal Question in Real Estate Law in New York
Neighbor trying to claim adverse possession
I hope someone can help me. I purchased a house via bank forclosure 3-07.
6 months prior, a neighbor purchased his home.
Due to time constraints, (7 day closing) I had a survey done on my lot after purchase.
The survey shows 2 encroachments onto my lot, a cement parking spot and a stone cooker further down on the same side.
When approached about moving these, the neighbor claimed he had permission via an affidavit to continue to use our land.
Once he was informed that we do not have to honor this affidavit and if fact we don--name removed-- He then claimed that our survey was wrong.
He claims that the same company that did our survey had done one on his property 6 months before, and that they did not match.
He has never produced this survey, never had pins put in (extra fee). We did have pins installed and filed our survey at the city hall. The neighbor did not file his survey. The neighbor when financing to purchase his property, had the bank insist on the 'permission' affidavit or they would not issue him title insurance.
Update, now that the survey has proven to be correct, and the affidavit has been revoked by us, the neighbor has retained an attrorney and is claiming adverse possession. Help, what do I do
1 Answer from Attorneys
Re: Neighbor trying to claim adverse possession
To win on adverse possession, the claimant must demonstrate adverse, open and notorious, continued and uninterrupted use of property for the statutory period. The statutory period is generally 10 years before the legal action.
You need to retain an attorney to defend against the action.
Mike.
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