Legal Question in Real Estate Law in New York
neighbor claims encroachment - destroys my property
We built stairs at our cottage from the road over the existing stairs that were there when we purchased the place in 1999. The neighbor next door(who sold us the cottage)had told us where the property lines were(no survey was ever done-our mistake)and the stairs were supposedly on our property. When we re-built the new ones we again asked him to clarify the property lines. He even helped us hold some poles as we built the new stairs. Shortly after he turned on us due to a parking issue and said the stairs were encroaching on his property.The property lines are angled so this consisted of a triangular section of the stairs (18'' by 3 feet). We asked for an easement- e refused. We offered to trade the section of OUR property he was currently using at the lake front. He refused. We then threatened to sue for adverse possession and he took a chain saw and cut off the section of our stairs that were encroaching. In the process he compromised the integrity of the entire staircase (40 feet long) and damaged the electrical wiring and recessed lighting of the entire left side of the stairway. Can he legally do this?? We called police & have statement from a witness. What is our best recourse? We do have a survey now.
1 Answer from Attorneys
Re: neighbor claims encroachment - destroys my property
If your damages are more than the Small Claims Court max; You may Sue in Civil Court to recoup your damages, costs and disbursements which were caused or were a result of your neighbor's intentional destruction of your property.
If you retain an attorney to represent you in Civil Court and you win, the Court may also, award you attorney fees. Small Claims Court is a Pro Se Court, and no attorney fees can be awarded.
Good luck,
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
