Legal Question in Real Estate Law in New York

Re: Neighbor states mowing on her property not allowed???

The burden is on the neighbor who claims it is their property to prove same. The claim you are referring to is called "adverse possession" and briefly requires open and notorious possession of another's property for a period of 10 years. The possession must be undisputed and the adverse possessor must act as if the property is theirs alone. After the 10 year period the person claiming adverse possession must file for same in Court and have the possession declared at which time it can be recorded, however, with modern metes and bounds, adverse possession is rarely granted, since it amounts to a taking of property from the rightful owner.

Re: Neighbor states mowing on her property not allowed???

The problem is that of your neighbor, to establish the property belongs to her. If she disputes this and takes you to court, the buden of proof is on her to establish her ownership. The court can order a survey to be done (she should pay the costs initially, but if it is determined the property is actually hers, you will be required to reimburse her for the survey costs plus any damages she can prove). If there is a real dispute, you have the right to bring an action for "adverse possession", a suit for your open and notorious use and occupancy of property belonging to another. You must have been acting as the owner for more than 10 years. It may also require a survey be done, since you are dealing with a large tract of land and to determine what portion of the neighbor's land you have been possessing.

Walter