Legal Question in Real Estate Law in New York

Assuming that you are not on speaking terms with your neighbor, I would send a certified letter informing them that the drain pipe is on your property and 8 inches from your garage. In the letter you must tell them to remove the pipe from your property. You must tell them that if water damages the garage, you will hold them responsible. Finally, the letter must state that if the pipe is not removed after a specified period of time (60 days?), you will have the pipe removed from your property and you will hold the neighbor responsible for removing the pipe.

If after the 60 day period the neighbor still does not remove the pipe, I would retain someone to remove the pipe from your property. You may then commence a small claims proceeding to be reimbursed the cost.

I would not plug up the pipe as this may damage your neighbor's pool.

Mike.