Legal Question in Real Estate Law in New York

nys neighbor's buildings on my land

My neighbors septic and 1/2 of a 3 car garage are on my property as well as a complete run down house trailer. county rules state septic may not cross property lines but septic was never approved by county in the first place. A survey has been completed and filed. What is my next step or best way to proceed. Working it out with neighbor will not be a option as that has already failed.


Asked on 9/16/07, 12:19 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: nys neighbor's buildings on my land

You have to commence an action for declaratory judgment and specific performance. Briefly, declaratory judgment is where the court enters judgment declaring that you neighbor's septic system violates county rules. Specific performance is a rememdy directing the neighbor to move his septic system.

Mike

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Answered on 9/16/07, 1:05 pm


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