Legal Question in Real Estate Law in New York

neighbor using my land

My new neighbor cleared part of my land without my knowledge. When we noticed (I have 5 wooded acres) we said it was our land. She then asked permission to keep it clear of trees and grasses because it was an eyesore to her. We said ok. Can you forsee a problem here. Thank you for your time.

dianabee


Asked on 7/27/03, 8:32 am

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: neighbor using my land

There should be no problem as long as the neighbor does not construct anything on the land. Best is to send the neighbor a letter (certified mail, return receipt requested) indicating your permission to clear the landas long as no damages to your property occurs. You should also indicate in the letter that you are merely giving permission to clear of brush and debris only, and that you are not creating any property rights in the neighbor by granting the permission. I suggest adding that the permission does not include any construction on the property or permission to leave equipment used on the property.

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Answered on 7/28/03, 11:30 am
Seth Kaufman Seth M. Kaufman

Re: neighbor using my land

Send a letter to confirm the understanding in writing. Make sure that you give explicit permission prior to any further use or activity on the land.

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Answered on 7/27/03, 10:16 am
Arnold Nager Arnold H. Nager, Esquire

Re: neighbor using my land

Write a letter setting forth that her only right to your land shall be to keep it clear until you specify otherwise and that no right of ownership is being created.

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Answered on 7/27/03, 6:38 pm


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